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HomeMy WebLinkAboutC2011-497 - 12/6/2011 - ApprovedS P E C I A L P R O `i I `S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R OLD P.D. PROP . STG . BLDG. MODIFICATIONS . .DEMO /CONSTRUCTION. J.O.C. FOR POLICE DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826 -3461 Fax: 361/826 --3864 AND DEPARTMENT OF ENGINEERTNG SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: E11083 OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO /CONSTRUCTION, J.O.0 PROJECT No. E11083 (Revised 12/15/11) Table of Contents NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO GONTR&GTORS B Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPECIAL PROVISIONS aid Plaee of Reeeiving PrepQsals,zPre Bid Meeting A -2 Definitions and Abbreviations -_ A--3 Description of Project A -4 Method of Award /Explanation of Bid Items A -5 stems to be Submitted with Proposal. A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A 9 Aeknewledgment of rya A -10 Wage Rates A -11 Cooperation with Public Agencies A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials T i Field eff (.NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Project Layout and Control A -20 Testing and Certification, A-21 Prejeet Signs (NOT USED) A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A -23 Inspection Required A -24 Surety Bonds A 25 Sales T .e - Emem•,tie (NO' LONGER APPLICABLE) (6/11/98) A -26 Supplemental Insurance Requirements A 2-7 Respensibilit (NOT USED) A -29 Contractor's Field Administration Staff A- -30 —Amen ed"Gensideratien- e€- Gentrae _ e<Pi-- -- ---=_- A -31 Amended Policy on Extra Work and Change Orders m A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A -35 Gitytter- ,tea,..: iiti ,s -Spec Reefairements (NOT USED) A -36 Other Submittals (NOT USED) A -38 .Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39--- Gertifieate -ef Ge,.,,... ney _. d Final Teeeptane (NOT USED) A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings A 46 Disposal of Highly Ghlerinatedwater (7/5�99;- A -47 Pre Gem= etien Exeava't }ens /v 400) A -48 Overhead Electrical Wires A -49 Amended. "Maintenance Guaranty" (8/24/00) A -50 Amendments to Prosecution and Progress of Project A 51 E1eet�'RnJ R Ste$ttol -efids (NOT USED) A -92 Value rsi:.gl - Lcin (NOT USED) A -53 Dust. GeutL-e (NOT USED) T_53 D Wate.-in r r+.._,t..e (NOT USED) PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART D - FEDREALLY REQUIRED LANGUAGE PARTS - STANDARD SPECIFICATIONS Section.030020 G1.0 Portland Cement Concrete Section 032020 Reinforcing Steel Section 070120 Rough and Finish Carpentry Section 099000 Painting Section 161001 Electrical Materials PART T - TECBNICIAL SPECIFICATIONS Section-09255 Gypsum Board Assemblies Section 09263 Gypsum Board Shaft -Wall Assemblies Section 181001 Access Control /Fire Alarm Plan -Main Level PART W - DRAWINGS: (Separated into bound prints) 1. G1.0 Title Sheet 2. G1.1 Building Code Analysis 3. D1.1 Demolition Plan - Main Level. 4. A1.1 New Work Plan - Main Level S. A2.0 Door Schedule and Details 6. A4.0 Wall Sections and Details 7. A8.0 Reflected Ceiling Plan — Main Level Sub Project Drawings: #E11084 ACCESS CONTROL /FIRE ALARM SYSTEM AGREEMENT PROPOSAL /DISCLOSURE STATEMENT i I PERFORMANCE BOND I I PAYMENT BOND i i i OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO /CONSTRUCTION, .}.O.0 PROTECT No. E11083 Page 2 of 2 Old PD Bldg: Prop Stg Mod - ACC /CONTR (Separated into bound prints) C1 -0 1 of 5 Title Sheet F1 2 of 5 Access Control E1.0 3 of 5 Electrical Plan Main Level EE.1 4 of 5 Existing Electrical plan Main level* EE.2 5 of 5 Existing Electrical.Power - Main Level* (* As Built Drawings attached for convenience of contractor, No work. these. Drawings.} NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT i I PERFORMANCE BOND I I PAYMENT BOND i i i OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO /CONSTRUCTION, .}.O.0 PROTECT No. E11083 Page 2 of 2 NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance. indicating proof of coverage in the following amounts is required: Page 1 of 2 TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of cancellation, required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. CI rLmerci.a.l Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard G. Contractual Liability 7. Bxoad Form Property Damage a. Independent Contractors 9. Personal Injury AUTOMOBIi LE LIABILITY - -OWNED NON -OWNED ,$1,000,000 COMBINED SINGLE LIMIT OR RENTED i i WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS` I LIABILI'T'Y $500,000 EXCESS LIABILITY $1.,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED discharge; to include long -term environ lental impact for the disposal of X NOT REQUIRED contaminants BUILDERS' RISK See Section B -6-11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTAL TION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 The Ci�y. of Corpus Christi must be named as an additional insured on all coverage except worker's compensation liability coverage_ The name of the project must be listed under "description. of operations" on each certificate of insurance. For eadh insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change'on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverage which are specified in section B- 6 -111or Special Provisions section of the contract. A completed "Disclosure of interest" must be submitted with your proposal. Should, you have any questions regarding insurance requirements, please contact.the Contract Administrator at 826 -$500. i Page 2 of 2 PART A SPECIAL PROVISIONS OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO /CONSTRUCTION, J.O.C. �. PROJECT NO. B11083 SECTION A - SPECIAL PROVISIONS City Searetary, leeated en the EiLnst flear ef Gity Hai!, 1201 Leopard StLeet, ._ • . , 203!!!- Pvepesals mailed sheuld be addressed is the fe ,e 1201 r_ee Ord Street Gerpus Christi, Texas -`l84 01 A -2 Definitions anal Abbreviations Section B -1 of the General Provisions will govern. A -3. Description of Project The project for OLD P.D. PROP.STG. BLDG.. MODIFICATIONS „ - DEMO /CONSTRUCTION. J.O.C. will consist of some earth work, removal replacement of selective existing interior concrete slab, minor plastic laminate and millwork, some new metal stud and frame work with.new gypsum vwall systems and wall board, some existing and /or door and frame replacement, ceilings systems and ceiling tile replacement, painting, electrical work and custom security system, The following is a more detailed description of the work: A -4 Method of'Award The contract is awarded 'as a Job Order Contract '(J.O.C.) and prices established through the use of the RS -Means cost pricing system. A -5 Items to be Submitted with Proposal. The following items are required to be submitted with the proposal: I. Bid Bead (Must refereas e pEejeet name as identified in.the Prepesal) 2. Disclosure of Interests Statement 3. Product subml-t-� A -6 Time of Completion /Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of writteni notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work.remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, ONE HUNDRED DOLLARS ($100.00) per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are. not imposed as a penalty but as an estimate. of the damages. that the City will sustain from delay in completion of the work, which OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO /CONSTRUCTION, J.O.C. Section A -.SP (Revised 12 /15/04) Page 1 of 23 damages by their nature are not capable of precise proof. The director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for. its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation 'insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of tile workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by -the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. , , A -10 Wage Rates (Revised 7/5/00). Labor preference and wage rates for building_ construction shall be used. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day,. or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, OLD P.D. PROP.STG. BLDG. MODIFICATIONS — DEMO /CONSTRUCTION J.O.C. SeCtioA'A - SP - (Revised 12 /15104) Page 2 of 23 workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make .bi--weekly certified payroll submittals to the City Engineer. The Contractor will also obtain, copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (11z) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project_ The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess at 1 -800- 344 - 8377,. the Lone Star Notification Company at 1- 800 - 669 - 8344, and the Verizon Dig Alert at 1 -800- 483 - 6279. . For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826 -3500 Project Manager 826 -3550 826 -3587 Traffic Engineering 826 -3540 Police Department 882 -2600 Water Department 826 -18.81 (826 -1888 after hours) — Wastewater Department 826 -1800 (826 -1888 after hours) Gas Department 885 -6900 .(885 -6900 after hours) Storm Water Department 826 -1875 (826 -1888 after hours) Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1970 A E P 1- 877 - 373 -4058 S B C /At &T 881 -2511 (1- 800 - 824- 4424,after hours) City Street Div. for Traffic Signal /Fiber Optic Locate 826 -1946 826 -3547 Cablevision 857 -5000 (857 --5060 after hours) ACSI (Fiber Optic) 887 -9200 (Pager 800 -724 -3624) KMC (Fiber Optic) 813 -1124 (Pager 888- 204 -1679) ChoiceCom (Fiber Optic) 881 -5767 (Pager 850 -2981) CAPROCR (Fiber Optic) 512/935 -0958' (Mobile) Brooks Fiber Optic (MAN) 972 - 753-4355 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for ;the construction of this type of project with regard to the location and nature of undergiound utilities, etc. However, the accuracy and com leteness of such information is not guaranteed. It is the Contractors sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities.. If the Contractor encounters utility services along the line of this work it is his responsibility to maintain the services in continuous operation at his own expense. OLD P.D. PROP.STG. BLDG. MODIF[CAT[ONS DEMOICONSTRUCT[ON J.O.C. Section A - SP (Revised 12/15/04) Page 3 of 23 In the event of damage to underground utilities, whether shown in the drawings,. the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e: broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary ptiimping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations. of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half. widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control shall be as shown in the proposal. A -14 Construction Equinment Snillaae and Tracking The Contractor shall ]seep the adjoining streets free of tracked and /or spilled materials going to or from the construction. area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be �- removed unless otherwise noted. OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMOXONSTRUCTION. J.O.Q. section & - SP (Revised 12/15/04) Wage 4 of 23 All. necessary removals including but not. limited to pipe, driveways, sidewalks, etc, are shown in the removal summary and paid for as shown in the proposal. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered .subsidiary; therefore, no direct payment will be made to Contractor. A 1'.7 F__id Offiee (NOT USED) The Gentraeter- must furnish the Gity Baglineer or his repEesentative with a A! square feet of useable spaee. The field of €iee must be air eonditiened and- heated and must he furnlshed with an inelined table that faeasures a#-. J-Peas#_ -In-11 ge- 6011 and two (2) ohair-s. The Gentrcaeter shall move the field effiee on the site furnished with a telephene (with 24 heur per- day answerAng seaFvlee) and F?1� maehlne paid fe�r by the Gentraeter. Thei5e is nre separate pay item for the fie effiee. This item shall he eensidered subsidiary te the appropriate b=W items�-.- A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based. only on cALEmDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- - -._ construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior.to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress schedule to show actual progress of each stage by percentage against initial Schedule. The detailed updated construction progress schedule shall be submitted with the monthly pay request. The contractor shall schedule his work well in advance of actual operations and shall keep the Project Manager or Parks and Recreation Department informed of all progress. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lanes, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to con truct a project of this nature. Major controls and tyre --) one (1 ) bench mark required for project layout, will be provided by the City or Consultant Project Engineer. OLD P.D. PROP.STG, BLDG. MODIFICATIONS — DEMO /CONSTRUCTION J.O.C. Sectioa A - SF [Revised 12/15/04) Page 5 of 23 i The Contractor shall furnish all lines, slopes and measurements necessary control of the work. 1f, during construction, if it is necessary to disturb or destroy point or bench mark, the Contractor shall provide the City or Consultant Engineer 48 hours notice so that alternate control points can be established the City or Consultant Project Engineer as necessary, at no cast Contractor. Control points or bench marks damaged as a result Contractors negligence will be restored by the City or Consultant Engineer at the expense of the Contractor. 19, fer- whatever L�easen, it is te deviate EiFem for a control Project by to the of the Project necessary prepesed 9:1- • Gasing elevatiens ef pipe and (T' and - tSi2 xFiGGF Aectiag =11aei3 ii;- mt�-n- j2e IeaJ, _ assisting the measuring ef the e mplete work. ierttk6ii ir'k the Geatraet Doeumenta, Jr1�25 ?F? 3 8 eai 3 Ge With -- an i • A!! /in in �eles, flew rlfa elevations at m • ---ill interseeting lines in ,.,. e es (tap flew line) (T-XDGT and RR permits) • Gasing elevatiens ef pipe and A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost.of the laboratory testing will be borne by the City, in the event that any test fails, that test must be VLJIf IVP111VIYU Section A - SE (Revised 12/15/0+0 Page 6 of 23 flew line) °DGT valves vaults (tap € — C-asing el evatiens -e pipe -and (T' and - tSi2 xFiGGF Aectiag =11aei3 ii;- mt�-n- j2e IeaJ, _ A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost.of the laboratory testing will be borne by the City, in the event that any test fails, that test must be VLJIf IVP111VIYU Section A - SE (Revised 12/15/0+0 Page 6 of 23 done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the.Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs (NOT USED) begins and will be maintained thr-eughout the Prejeet per-ied by the Gentraete35. The leeatien� of the signs will be deteL=mined in. the field by the Gity A -22 Minority/Minori�y Business Enterprise Part:ici at;ion Polio ('Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded.minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such. policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. .Prime Contractor; Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor Any named-person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, . labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person (s) Minority persons .include Blacks, Mexican- Americans, anal other persons of hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.Ot of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one o7r.raore minority person(s)- OLD P.D. PROP.STG. BLDG. MODIFICATIONS — DEMOICONSTRUCTION J.Q.Q. section A - SP (Revised 12115/04) Page 7 of 23 3 4. 2. 3. The primary power, direct or indirect, to manage enterprise rests with a minority person(s). a business Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.Oo or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fee!,s, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under. Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51..051 of whose assets or partnership interests are owned by one or more vIomen, or a corporation at least 51.OW of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of tlwo or more persons, partnerships, corporations; or any combination thereof, founded to carry on a single business activity which is (limited in. scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interlest of the MBE as a member of the joint . venture in the work to be performed by the joint venture.. For example, a joint venture which is to perform 50.09c of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the. Contractor's aggregate work force on all construction work for the Contract award w are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % is � b. These goals are applicable to all the construction work (regardless of federal .participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Com_ �liance a. Upon completion of the Project, a final breakdown of MBE t_ participation, substantiated by copies of paid invoices,, shall be submitted by the Contractor to the City Engineer. OLD P.D. PROP.STG. BLDG. MODIP[CAT[ONS - DEMOICONSTRUCTION, J.O.C. section A - SP (Revised 12/15/04) Page 8 of 23 b. The Contractor shall make bi- weekly .payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. AA =23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after- the building is __ pletea =a applieab 1E- Section B -6 -2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water /wastewater meter fees and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%-) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of 'Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (109.) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The ..Surety shall designate an agent who is a resident of _ Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above reouirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was .1 sued.,' A -25 Sales Tax Exemption (NO LONGER APPLICABLE) OLD P.D. PROP.STG. BLDG. MODIFICATIONS — DEMO /CONSTRUCTION J.D.C. Section A - SP (Revised 12/15/04) ]Page 9 of 23 I M MW eerti €ieate to his siappli-er-. A -26 Supplemental insurance Requirements For each insurance coverage provided in accordance with Section B --6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: in the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The .Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within. thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the .date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides workers compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional. insured Section a - SP (Revised 12/15/04) Page 10 of 23. under the insurance policy. The City need not be named as additional insured on Workerl Compensation coverage. For contractual liability insurance'coverage obtained in accordance with Section B -6 -11 !(a) of the Contract, the Contractor shall .obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold.it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys, fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A ,27 Responsibility - for Dawaff2 2�21!22 (NOT USED) - Gentraeter must pLs:evide Builder-lo Risk or Mastallabien Floater insU3�anee be "All Risk." fermi Eentraeter 1 eever-age —must xaust pay a =;stzT A -29 C6ntractor's Field Administration Staff OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO/CONSTRUCTION, J.O.C. Section A - 5P _ (Revised 12/15/04) Page 11 of 23 The Contractor shall, employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. - The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in - field management and oversight of projects of a similar size an complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close - out procedures. The superintendent shall.be present, on the job site, at all times hat work is being performed. 2. Foremen, if utilized, shall have at least five (5) years .recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the (Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also .necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term. of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. Within five (5) worAlag days feliewing the pablie epening and reading ef the 3:-- -A list of the maer eempenents e€ the wer^'r� S. The names and addresses ef MBE firms that will Lsarrtie4ate in the , ,^` Page 12 of 23 ~ 10. Wibhin give (5) days following bid epeningp With fer-m, infiermatien i I ' i -_ I g type of entity and Bid, submit; in lette-r- state, i.e., Texas (Gr- se Partnership, (s) Title (q) of ethe:r 0 ate) Gempe2?at!Lea er- and individual (s) authewized to exeeute eentraets on behalf name of said entity, A -31 Amended Poliev on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which. do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council.. OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO /CONSTRUCTION J.O.C. Section A SP (Revised 12/15/04) Page 13 of 23 . A -32 Amended nExecution of Contract" Re irements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer .delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer . delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Gentraeter iR remi*;deel te attend the Pre Bid meeting to in spee-jai prevjsj-e�. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the ` construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the :Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) KNOWN INN Oft MR MGM - - 111WR - - Wig MR OWN OLD P.D. PROP.STG. B_ LDG. MODIFICATIONS — DEMO /CONSTRUCTION. J.O.C. Section A. SP (Revised 12/15/04) Page 14 of 23 All materials and equipment used in the r, met,..; reassembly, items, whiek eeuld eefae into eeataet with petable n_. f_ ..a-i water, fffust eenfer-m - gaskets, r not be uoed unleso they eenferm with AXS!jMSr- Standard 61 and unless Gueh items are Inspeeted on the site by authorized City. personnel immediately prier to use F. Gents- aeter's— persennei must weaLa eeiered uai €ems ever-ails ether than erwi ey arse, eE white. Saehemployee uaigerm amat €r- e-fide eem€any name and individual empleyee id—bifieation. telephones are not available fer Gemtraeter--uee- R. WeL-]rjng heUL-S Wi-ll I—he !7-oo A.m. tq 5,00 P.M., Monday thiril pr'eyide e;i n sanitary f as Y�. ,mss,.. "e exear =y — iaweie W = - eaRw=xya=e— vehieles are allewed at 0. N. Stevens WabeE Treatment Plant. A!-! employees must net leave. the designated ee�nstruetien aa:-ea +� h /" �nrT•YC 71TTl�AT 1 OLD P.D. PROP.STG BLDG. MODIFICAT[ONS -- DEMO /CONSTRUCTION, J.O.C. Section A - SP (Revised 12/15/04) Page 15 of 23 li A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: vvJrik,n i wrv%> - Section A - SP (Revised 12/15/04) Page 16 of 23 lip A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: vvJrik,n i wrv%> - Section A - SP (Revised 12/15/04) Page 16 of 23 a.. Quantity: Contractor shall submit seven. (3) copies required by the City to the City Engineer or his designated representative. b. f the dE C. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's appropriately verification construction accordance w documents. Stamp: Contractor must apply Contractor's stamp, signed or initialed, which certifies that review, of Products required, field dimensions, adjacent work, and coordination of information, is all in ith the requirements of the Project and Contract e. Scheduling. Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval; and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. T Re- submittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for -, approval. Otherwise, the related equipment will not be approved for use on the project. OLD P.D. PROP.STG. BLDG. MODIFICATIONS— DEMOICONSTRUCTION J.O.C. Section A - SP (Revised 12 /15/04) Page 17 of 23 A -38 Government Entities The requirements of "Notice to Contractors 'B"" are incorporated by this special Provision. A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section 13-8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer,. that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Adviso Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for. repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations it is the responsibility of the Contr.actor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or j obs_. A -43 Amended Indemnification &Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts " B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof. The Contractor shall hold the City, its officials, employees, attorneys, w_ and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or. consultants, or any work done under the contract or in connection therewith OLD P.D. PROP.STG. BLDG_. MODIFICATIONS - DEMOICONSTRUCTION, J.O.C. Section A. - SP I (Revised 12/15/04) Page 18 of 23 by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. Th contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City,.its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys., and agents that directly or indirectly causes injury to an employee of the contractor, or, any subcontractor, supplier or materialman. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub- contractor Is costs and breakdowns, cost of materials and equipment, wage rates, etc -) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish owner with one set of direct prints, marked with red pencil, to show as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/ field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes.to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) , , i efi- he te the Gity fer approval. There shall b�! eff Adist-Wesa-1 sql4qll submitted I A -47 Pre- Construct:.on Exploratory Excavations (`7 15100) i . ieh--pass twenty (29)feet of- paFePesed- areas, and ereGslngs wh within - OLD P.D., PROP STG BLDG. MODIFICATIONS -- DEMO /CONSTRUCTION,.J.O.G. Section A - SP - - (Revised 12/15/04) Page 19 of 23 A -48 Overhead Electrical wirers (7/5/00) Contractor shall comply with all OSHA safety requirements 'with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction .route. Contractor shall use all due diligence, precautions, etc., to. ensure that adequate safety is provided for all of his employees and operators of equipment and with .regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the .plans or not. A -49 ,Amended " Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractors guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: Page 20 of 23 "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract." A -51 Electronic Submittal of Bids The bidder has the eptlen ef submitting 13 a eemputeE generated print eut, in 13), !NGLUSIVE. The eiat will 1i list- ef, the Pr-�esal (SHEETS: 1 T41R-u Gp qr-int z — =1, 12, and !3. A "ogle " pLmint eiA Is sh )jvm in AttaehmeAt: the following statement and signature, r in additien, after the the lasted priRt eut -item: will eentain (Signature) (Title) (Date)" A -52 Value Engineering the eenbr-aet, the Gentr-aeter may de�velop and r am __ifieatlens Ther-eferre, the Genta:-aeter -shall fully eXaffilne the n plans, , r G, , methed eE award, eentraet shall complete it's to the lest of it's ability, as currently provided. OLD P.D. PROP.STG. BLDG. MODIFICATIONS — DEMO /CONSTRUCTION J.O.C. Section A - SP (Revised 12 /15/04) Page 21 of 23 A -53 Dust Control easts fer these elper-atiens shall be negotiated. ether ga5eundwaber- dispesal yuir wry i Section AT- SF (Revised 12/15/04) Page 22 of 23 . of thab'the of into the existing oterm watew system, provided qaality than th— grouadwa in equal— to — air — better reeeivingetr-e u , on . started. easts fer these elper-atiens shall be negotiated. ether ga5eundwaber- dispesal yuir wry i Section AT- SF (Revised 12/15/04) Page 22 of 23 i SUBMITTAL TRANSMITTAL FORM PROJECT OLD P.D. PROP.STG. BLDG. MODIFICATIONS - DEMO/CONSTRUCTION, J.O.C_ PROJECTINo. B11083 DRAWING No. PBG 772 OWNER: CITY OF CORPUS CHRISTI ENGINEER: CONTRACTOR: BARCOM Commercial, Inc. SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL O_ LD P.D. PROP.STG. BLDG. MODIFI CATIONS - DEMOICONSTRUCTION J.O.C. Section A - SP (Revised 12/15/04) Page 23 of 23 PART B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS SECTION B GBNSR•AL PROVISIONS AND RE=REMENTS FOR MQNICIPAL CONSTRUCTION CONTRACTS Table of Contents PAGE B -1 Defi:hitions and Abbreviations B -1 -1 Definition of Terms . . . . . . . . . . . . . . . . . . . . 1 B -1 -2 Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . 3 I B -2 Proposal Requirements and Conditions B -2 -1 Proposal Fox sa .. . . . . . . . . . . . . . . . . . . 4 B-2 -2 Quantities in Proposal Forms . . . . . 4 B -2 -3 Examination of Plans, Specifications, and Site of the Work 4 B -2 -4 Forms, Plans and Specifications . . . . . . . . . . . . ... 4 B -2 -5 Addenda . . . . . . . . . . . . . . . . . . . . . . 4 B -2 -6 Pre -Bid Conference . . . . . . . . . . . . . . . . . . . . . 5 B -2 -7 Preparation of Proposal . . . . . . ... . . . . . . . . . 5 B -2 -8 Proposal Guaranty . . . . . . . . . . . . . . . . . . . . . . 5 B-2-9- Filing of Proposal . . . . . . . . . . . . . . . . . . . . 5 B -2 -10 Withdrawing Proposals . . . . . . . . . . . . . . . . . 5 B -2 -11 Cancellation of aid opening . . . . . . . . . . . . . . . . . 6 B -2 -12 Opening Proposals . . . . . . . . . . . . . . . . . . 6 2-2 -13 . Irregular Proposals ... . . . . . . . . . . . . .. . . . 6 B -2 -14 Rejection of Proposals . . . . . . . . . . . . . . . . 6 B -2 -15 Disqualification of Bidders . . . . . . . . . .. . . . . 6 B -2 -16 Disclosure of Interests . . . . . . . . . .. . . . . . . . 6 B -3 Award and Execution of Contract B -3 -1 Consideration of Contract . . . . . . . . . . . . . . . . 7 B -3 -2 Award of Contract . . . . . . . . 7 B -3 -3 Equal Opportunity Employer Provisions . . . . . . . . . . . . 7 B -3 -4 Surety Bonds . . . . . . . . . . . . . . . . . . . . B B -3 -5 Execution of Contract . . . . . . . . . . . . . . . . . . . . 6 B -3 -6 Failure to Execute Contract . . . . . . . . . . . . . . . . . B S -4 Scope of'Work B -4 -1 Intent of Plans and Specifications . . . . . . . . . . 9 _.._ 8 -4 -2 Subsidiary Work . . . . . . . . . . . . . . . . . . 9 B -4 -3 Increased or Decreased Quantities of Work . . . . . . . . . 9 B -4 -4 Alteration of Plans and Specifications . . . . . . . . . 10 B -4 -5 Value Engineering Incentive Procedures . . . . . . . . . . . 10 B -4 -6 Extra Work . . . . . . . . . . . . . . . . . . . . . . 11 B -5 Control of the Work and Materials B -5 -1 Authority of the City Engineer . . . . . . . . . . . . . . . 11 B -5 -2 Authority of Duty of Engineers or Inspectors . . . . . . . . 11 B -5 -3 Conformity with Plans . . . . . . . . . . . . . . . . . . . . 11 B -5 -4 Existing structures . . . . . . . . . . . . . . . 11 B -5 -5 Coordination of Plans, Specifications, Proposal & Special Provision . . . . . . . . . . . . . . . . . 12 B -5 -6 Cooperation of Contractor . . . . ... . . . . . . . . . . 12 B -5 -7 Construction Staking . . . 12 • B -5 -8 Source of Supply of Materials . . . . . . . . . . . . . . . . 13 B-' -9 Samples and 'Tests of Materials . . . . . . . . . . . . . . .. 13 - B -15 -10 "Or Equal" Clause . . . . . . . . . _ . . . . . . . . . . . 13 B -15 711 Storage of Materials . . . . . . . . . . . . . . . . . 13 B-115 -12 Removal of Defective and Unauthorized Work . . . . . . . . . 13 $ -15 -13 Final Inspection . . . . . . . . . . . . . . . . . . . . . . 14 B -I5 -14 Warranty Inspection . . . . . . . . . . . . . . . . . . . . . 14 r Nov /94) r-- TABLE OF CONTENTS /PAGE 1 OF 2 TABLE OF CCUrE TS /PAGE 2 OF 2 (rev. Nov/ 94 ) B- 6- Legal Relations and Public s sibilit B-6-1, Laws -to_be. Observed . • • • . . . . . I4 B�-6 -2 Permits and Licenses . . . . . • . . . � . 8 -6 -3:.: Patented Devices;_Materials and Processes . .. . • 7 B-6-4 Sanitary Provisions . . . . . . .. . . _ .. . . . . . . .. � 15 15 B -6 -5 Public Conveniences and Safety • - = 16 ti..� B -6 -6 Privileges of- 'contractor in Streets, Alleys and. Right -of -Way B -6 -7 Railway Crossings . . . . . . . . . . .. is 16 B -6 -8 Traffic Control Devices .. 16 i J B -6 -9 Use of 'Explosives . . . . . . . . . • . . . . . ... . . . 16 B -6 -10 Protection and Restoration of Property . . . . . . B -6 -11 Responsibility for Damage Claims . . . • . ... . . 17 B -6 -12 Contractor's Claim for Damages . . . . . 19 19 B -6 -13 Public Utilities and Other Property to be Changed �. B -6 -14 Temporary Sewer and Drain Connections . . . . . . . . 19 8 -6 -15 Arrangement and Charge for Water Furnished by the City .ii. 19 B -6 -16 Use of fire Hydrants . . . . . . . . . . . . . . . . . 19 19 B -6 -17 Use of a Section or Portion of the Work . _ . . . . . . . B -6 -18 Separate Contracts . . • • • • • • • • • • 20 20 8 -6 -19 + Work • • Contractor's Responsibility for the - - - 8 -6 -20 No Waiver of Legal. Right - i 20 20 B -6 -21 Indemnification an d Hold Harmless - . B -6 -22 Tax. Exemption Provisions . . . . . . . . . . . . . . . . 20 S -7 Prosecution and Pro ress 21 B-7-1 Subletting , the Work . . . . . . . . . . . . . . . . . . . B -7 -2 Assignment of Contract . . . . . . . . . . . . . . . 21 21 B -7 -3 Prosecution of the Work . . . . . . . . . . . . . . . . . . . B -7 -4 Limitation of Operations . . . . . . . . . . . . . . . . 22 B -7 -5 Character of Workmen and Equipment . . . . . . . . . . . . . . 22 B -7 -6 Working Hours . . . . . . . . . . . . . . . . . . . 22 22 B -7 -7 Time of Commencement and Completion . . . . . . . . . . . . . B -7 -8 Extension of Time of Completion . . . - . . ..• • . • . 22 B -7 -9 Computation of Contract Time for Completion . . . . . . . . . 23 B -7 -10 Failure to complete on Time . . . - . . • . • . . • 23 _ -- B -7 -11 Suspension by court Order ... _ 23 B -�7 -12 Temporary Suspension . . . . . . . . 23 24 B -7 -13 suspension of Work and Annulment of Contract . • . . • • • • B -7 -14 Termination of Contract . . . . . . . . . . . . . . . . . . . 25 B -8 Measurement and Pa ent 25 B--8 -1 Measurement of Quantities . . . . . . . . . . . . . . . . _ B -8--2 Unit Price . . . . . . ... . . . _ . . . . . . . . . . , 25 2S B -8 -3 Scope of Payment . . . . . . . . . . . . . . . . 26 B -8 -4 Payment for Extra Work . . . . . . . . . . . . . . . . . . . 26 B -6 -5 Policy of Extra Work and Change orders . _ . . . . . . . . B -8 -6 Partial Estimates . . . . . . . . . . . . . . . . . . . . . . 27 B -8 -7 Withholding Payment . . . . . . . . . . . . . . . . . . . . . 27 B -8 -8 Final Cleanup . . . . . . . . . . . . . . . . . . . . . . . . . 27 B -8 -9 Final Acceptance . . . . . . . . . . . . . . . . . . . . . . 28 B -8 -10 Final Payment . _ . . . . . . . . . . . . . . . . . . 28 B -8 -11 Maintenance Guaranty . . . . . . . . . . . . . . . . . . . . 28 TABLE OF CCUrE TS /PAGE 2 OF 2 (rev. Nov/ 94 ) SECTION B GENERAL PROVISIONS AND REQUIREMENTS FOR MUNICIPAL CONSTRUCTION CONTRACTS CITY OF CORPUS CHRISTI, TEXAS S -1 DEFINITIONS AND ABBREVIATIONS: B -1 -1. Definition of Terms: wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specifications, in the contract, in the bonds, in the advertisement or any other documents or instrument herein contemplated, or to which these specifications apply or may apply, the intent and meaning shall be interpreted as follows: Advertisement: All of. the legal publications pertaining to the work contemplated or under contract. Bidder: Any person, persons, partnership, company, firm, association, corporation, or joint venture acting directly or through a duly authorized representative submitting a proposal for work contemplated. g_ity: The City of Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body or (b) its City Manager, each of whom is required by Charter to perform specific duties. Responsibility for final -. enforcement of contracts involving the City of Corpus Christi is, by Charter, vested in the City Manager. Cit y Attorney. The City Attorney of the City of Corpus Christi, Texas, or .duly authorized assistants or agents. City Council: The Council of the City of Corpus Christi, Texas. City Encriggeer. The Head of the Department of Engineering Services of the City of Corpus Christi, Texas. city Mana er: The Manager of the City of Corpus Christi, Texas. -- City Secrets The City Secretary of the City of Corpus Christi, Texas, or duly authorized assistants or agents. Contract: The written agreement covering the performance of the work.. The contract includes the advertisement; proposal; specifications, including special provisions; plans or working drawings, any supplemental changes or agreements pertaining to the work or materials therefor, and bonds. Contract Time: The number of-calendar days or' working days allowed for completion of the contract, including any authorized time extensions. (a) Calendar Day: A calendar day is defined as any day shown on the calendar beginning and ending at midnight. (b) Working Day- a working day is defined as a calendar day, not including Sundays or legal holidays, in which the weather -or other conditions affecting the site, not under the control of the Contractor, will in the judgement of the Engineer permit the performance of some substantial unit of work for a substantially continuous period of time of not less than six (6) hours between 7 alm. and 6 p.m., or during such other hours of the day as the Contractor does in fact work with the permission of the Engineer as elsewhere provided. Each calendar day, not including Sundays or legal holidays, in which the Contractor carries on work on some unit of the contract for a period of more than six1(6) hours shall be charged as one (1) working day, regardless of the number of hours worked in excess of the (6) hour minimum. Saturday will not be charged (rev.. Nov /94) PAGE 1 OF 28 r l.. _ _._.. as_a working day.unless work of any type requiring the presence of the Engineer is in fact carried on for any period of time during . the day. On Sunda and legal holidays on which, b p - Sundays Eg y y previous written ermission of the Engineer as elsewhere provided, the Contractor works as much as four hours on some unit of the contract, two working days shall be charged. If, under such permission, work is commenced but proceeds less than four hours, one working day shall be charged. In the determination of the hours above, no deduction shall be made for lunch time taken. l Contractor: The person, persons, partnership, company, firm, association, corporation, or joint venture' entering into contract for the execution of the work, acting directly or through a duly authorized representative. 11 Enginneer: Assistants, agents, engineers, inspectors, or superintendents duly authorized by the City Engineer and acting within the scope of the particular duties entrusted to them. General Provisions: This Section B of the specifications. Holidays: The terms regular holidays and legal holidays, for the purposes of charging working days, control of working days and hours, and wages of employees, shall include the following: January 1 (New Year's Day) July 4 (Independence Day) Thanksgiving Days Memorial nay Labor Day Christmas'Day _J Maintenance Guaranty- The approved - form of security furnished by the Contractor and his surety as a guarantee that he will maintain the work constructed by hire in good condition for the period of time required.: shall be in accordance with the provisions of the specifications and may be' made a part of the Performance Bond. payment Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee for the protection of all claimants supplying labor and /or material in the prosecution of the work provided for in this contract. Performance Bond: The approved form of security furnished by the contractor and his surety for the use and benefit of the City as a guarantee of good faith on the part of the Contractor to execute the work in strict accordance with the plans, specifications, and terms of the contract, and that the Contractor will maintain the work constructed by him in good condition for the period.of one year or such other period of time as may be specially provided. Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including such supplemental drawings or addenda as the City Engineer may - issue in order to clarify other drawings or for the purpose of showing changes in the work' hereinaf ter authorized, or for showing details not shown thereon. Proposal: The written statement or statements duly filed with the City Secretary of the person, persons, partnership, company, firm, association, corporation, or joint venture proposing to do the work contemplated, including the approved form on which the formal bids for the work are to be prepared. Pro osal Guaranty: The bid security designated in the advertisement and proposal to be furnished by each bidder as .a. guarantee of good faith to enter into a contract with the City and execute the required bonds for the work contemplated after the work is awarded him. Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the standard specifications, and taking precedence over any conditions or requirements of the standard specifications with which they are in conflict-.. -- (rev. Nov /94) PAGE 2 ' OF 28 r L. Specifications: The directions, provisions, and requirements contained herein, together with the special provisions supplemental hereto, pertaining to the method and manner of performing the work or to the qualities or quantities of the material to be furnished under the contract. Sureties: The corporate bodies which are bound by such bonds as are required with and for the Contractor. The work: All work, including the furnishing of labor, materials, tools, equipment, and incidentals, to be performed by the Contractor under the terms of the contract. B--1 -2 Abbreviations: Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows: A.A.S.H.T.O. American Association of State highway and H.S. Horseshoe Transportation Officials [n. or ' Inches Ac. Acre Lb. or # Pound A.C. Asbestos Cement. L.F. Linear Foot A.C.I. American Concrete Institute Lin. Linear A.N.S.I. American National Standards Institute L.S. Lump Sum Asph. Asphalt Max. Maximum A.S.T.M. American Society for Testing Materials M.H. Manhole Ave. Avenue Min. Minimum A.W.P.A. American Wood Preservers Association Mona. Monolithic. A.W.S. American Welding Society M.U.T.C.D. Manual of Uniform A.W.W.A. American Water Works Association Traffic Control Blvd. Boulevard Devices C.F. Cubic Foot N. North C.I. Cast Iron No. ]Number C.L. Center Line % Percent C.M.P. Corrugated Metal Pipe P.L. Property Line C.O. Cleanout Prop. Proposed or Property Conc. Concrete P.V.C. Poly Vinyl Chloride Cond. Conduit R. Radius Corr. Corrugated R.C.P. Reinforced Concrete Pipe C.P.& L. Central Power & Light Company Reid. Reinforced Ch. Cubic Rem. Remove Culv. Culvert Rep. Replace C.Y. Cubic Yard R.R. Railroad D.I. Ductile Iron R/W or ROW Rigbt -of -Way Dia. Diameter S_ Smith Dr. or Dwy Drive or Driveway San. Sanitary E. Past S.F. Squue Foot Ea. Each St1• Square Elev. Elevation St. Street or Storm Exist. Existing Std. Standard F. Fahrenheit S.Y. Square Yard F.L. Flow line T.C. Top of Curb Ft. or ` Feet Tel. Telephone Gal. Gallon V.F. Vertical Foot G.L. Gutter Line W Wes G.P.M. Gallons per Minute W.U.T. Westem Union Telegraph H.N.G. Houston Natural Gas Co. Yd. Yard Metrics: Gtr centimeter gm Gram kgm nogram km Ki mewr (rev. Nov /94) PAGE 3 OF 28 m mgm nun Meier Milligram Millimeter B -2 PROPosm REourgE ENTS AND CONDITIONS: B -2' -1 Proposal Form: The City will furnish bidders with proposal forms which state the general f location and description of the contemplated work, and which will contain an itemized list of items of work to be done or materials to be furnished, and upon which bid prices are asked. The proposal form will provide for the amount of Proposal guaranty, the contract time, and the acknowledgement of addenda received. B -2 -2 Quantities in Pxxmpsal Form: The quantities of the work and materials set forth in the proposall,form or on the plans approximately represent the work to be performed and materials to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment will be made by the City to the Contractor only for the actual lquantities of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the quantities: may be increased or decreased as hereinafter provided without in any way invalidating the bid price. R -2 -3 Examination of Plans; Snecificatxons „, and Site of the i�Toxlc:'i Bidders are advised that the plans and specifications and other documents on file with the city Engineer shall constitute all of the information', which the City will furnish. Bidders are required, prior to submitting any proposal, to read the specifications, proposal, contract, and bond forms carefully; to visit the site of the work; to examine carefully local conditions, soil and water conditions to be encountered, improvements to be protected, disposal' sites for surplus materials not designated to be salvaged materials, methods of, providing ingress or egress to private properties, and methods of handling traffic; to inform themselves, by their independent research, tests, and investigation, of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion; and obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the plans and contained in the specifications, proposal, and other documents, shall be binding upon the City. Bidders shall rely exclusively upon their own estimates, investigations, tests, and other data which are necessary for full and complete information upon which the proposal may be based. It is mutually agreed that submission of -a proposal is evidence that the bidder has made the examinations, investigations, and tests required herein. B -2 -4 Forms, Plans and Specifications: Unless otherwise specified in the Notice to Bidders and Special Provisions, forms of proposal, contract and bonds and plans and specifications may be obtained at the offices of the City Engineer in the City Hall upon making a Plans Deposit as designated, which sum so deposited will be refunded provided the prospective bidder returns all documents, except proposal form if bidding, to the offices of the City Engineer within two (2) weeks from and after the time and -- date of receiving proposals. If the prospective bidder does not comply with this requirement, the sum of the Plans Deposit shall become the property of the City of Corpus Christi, Texas. B -2 -5 Addenda: Addenda to the plans and specifications, which are formal written notices of additions, deletions, modifications, or explanations of contract documents from the City to prospective bidders in advance of the bid date, may be issued by the City Engineer. Such addenda will be mailed immediately to the address designated by prospective bidders taking out plans, specifications, and proposal forms. (rev. Nov /94) PAGE 4 OF 28 B -2-6 Pre -Bid Conference: Any prospective bidder may request a pre -bid conference to discuss the plans, specifications, and proposal. If such a conference is requested, it will be held approximately one week prior to the bid opening. Each prospective bidder who has furnished the Plans Deposit required by the Notice to Bidders will be notified of the date, time, and location.of the pre -bid conference. Any clarification to the contract documents deemed necessary as a result of the pre -bid conference will be made by written addenda. B -2 -7 Pre oration of Proposal: The bidder shall submit his proposal on the forms furnished by the City. All blank spaces in the forms shall be correctly filled in, and the bidder small state the prices, written in ink, for which he proposes to do the work contemplated or furnish the material required; the unit prices shall be written both in words and numerals. Such prices shall be written distinctly legible. In case of .discrepancy between the unit price-written in words and the unit price written in figures, the unit price written in words shall govern. The unit price shall govern over the amount. If the proposal is submitted by an individual; his name must be signed by him or his duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name'and, address of each member must be given and the proposal signed by a member of the firm, association, or partnership,. or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given and the proposal signed by an official or duly authorized agent. Proposals submitted by a joint venture shall List all participants and their addresses. Powers of attorney, authorizing agents or others to sign proposals, must be properly certified and must be in writing and submitted with the proposal. 8 -2 -8 P osal Guaranty: No proposal will be considered unless accompanied by an individual bid security (bond) for the project in the amount of five percent (s %) of the highest amount bid. Such bid security shall be issued by a firm licensed for issuance in the State of Texas. A cashiers check, certified check, money order, or bank draft from any state or national bank will also be acceptable. The security shall be deemed a good faith offer on the part of the bidder to accept a contract, if awarded. In the event the successful bidder declines to accept such award or cannot provide the required bonds and insurance certificates within ten. (10) calendar days of the award of the contract, then the amount of the bid security . will become the property of the City, not as penalty but as liquidated damages. The bid securities.o€ the unsuccessful bidders may be released within forty - eight (48) hours of the time bids are received. The bid security of the successful bidder will be released upon execution of the contract documents and submission of the required bonds and certificates. B -2 -9 Fil' of Pro osal_ No proposal will'be considered unless it is filed with the City Secretary's office in the City hall, Corpus Christi, Texas, within the time limit for receiving proposals as stated in the advertisement. Each proposal shall be in a sealed envelope, plainly marked with the word "PROPOSAL' and the Hance and description of the project as designated in the "ADVERTISEMENT ".. to t the (rev. C xisals filed with the City Secretary cannot be withdrawn or modified prior ie time set for opening proposals. Request for non consideration of 3als must be made in writing addressed to the City Engineer and filed with "ity Secretary prior to the time set opening proposals_ After other sacs are opened and publicly read, the proposal for which withdrawal is rly requested may be returned unopened. Nov /94) PAGE S OF 28. H -2 -11 Cancellation -of 'Baal enin The City may, at any times before any bads are actually opened opening of the bids and return all bids unopened. B -2 -12 enin Pr osals: The proposals filed with the City Secretary will be opened at the 1 in the advertisement and publicly read aloud and shall thereafter rem: with the City. No contract will be entered into based upon such prop( after forty -eight (48) hours shall have elapsed. Proposals not acc( the required proposal guaranty will not be read. r J cancel the ime stated in on file sals until mpanied by 13-2 -13 Irre lar Proposals: Proposals will be considered irregular if they show any omissions 'failure to properly account for duly issued addenda, alterations of form, (additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However; the City reserves the right to waive any irregularities and to make the award in the best interest of the City. B -2 -14 Rejection of-Pro posals: The City reserves the right to reject any or all proposals, and all proposals submitted are subject to this reservation. Proposals containing any irregularities or showing an unbalanced value of any items may be rejected. Proposals will be rejected for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. (b) Proposal submitted without the required bid security. (e) Proposal submitted and not .sealed and /or identifiable to a particular project. B- 2- 15 „DiUcruali.fication of - Bidders: Bidders may be disqualified and their proposals not considered for any of the following specific reasons: (a) Reason for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) The bidder being in arrears on any existing contract, having defaulted on previous contracts, or being delinquent in the payment of City taxes_ (e) uncompleted work which, in the judgment of the City, will prevent or hander the prompt completion of additional work if awarded. J (f) Previous experience investigation reveals poor, incomplete, unacceptable, or inferior work performance and prosecution and lack of fiscal responsibility in paying for services, labor, or products rendered on such previous work. B -2 -16 Disclosure of Interests_ All entities desiring to do business with the City of Corpus Christi are required to provide a Disclosure of Interests. The required form is included as a part of the proposal_ Prospective bidders may submit the form 'with their (rev. Nov /94) PAGE 6 OF 28 proposal. The successful bidder shall be requited to submit the form within seven (7) calendar days of the receipt of bids. The City also reserves the right to require similar statements from all material suppliers and subcontractors of the successful bidder. H -3 AWARD AND EXECUTION OF CONTRACT: H -3 -7 Consideration of Contract: After proposals are opened, the proposals will be tabulated for comparison on the basis of the bid prices and quantities shown in the proposal. Until final award of the contract, the City reserves the right to reject any or all proposals or proceed to do the work otherwise in the best interest of the City. B--3 -2 Award of Contract: The City reserves the right to withhold the award of the contract for a reasonable period of time from date of opening proposals, and no award will be made until after investigations are made as to the responsibilities of the low bidder. In the City's considering of an award, 'the bidder -may be requested to submit statements regarding previous experience in performing comparable or similar work, his business or technical organization and equipment to help the City evaluate the bidder's abilities. The basis for an award will be determined by the lowest responsible bidder (Article 2358a VATS) deemed most advantageous to the City and not necessarily the lowest bidder. In no case will a contract be awarded until at least forty -eight (48) hours shall have elapsed from the time of opening proposals. 5 -3 -3 Egual_0.=Ortvnity Emnlover Provisions: Every Contractor must agree that during the performance of his contract he will. (1) Treat all applicants and employees without discrimination as to race, color, religion, sex, or national origin. (2) Identify himself as an equal opportunity employer in all help wanted advertising or requests. The Contractor is hereby advised that any complaints filed with the City alleging that a Contractor is not an equal opportunity employer during the six months preceding the date of receipt of .bids will be referred to the Human Relations Commission through its Human Relations Administrator for the purpose of review and recommendations. The report of the Human Relations Commission will be transmitted to the City Engineer who will include a: summary of such report with any future bid award recommendations for which the Contractor is a bidder and bring to the attention of the City Council any such report received prior to the issuance of a work order to any such Contractor. A copy of this report shall be sent to the Contractor. The Human Relations Administrator will €ollow up any such report and bring to the attention of the Commission any furthei action by the Contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the City Engineer with a copy to the Contractor and be included in any future bid award.recommendations. The City Council reserves the right to consider such reports in determining the best bid and to terminate, on the basis of such report, any portion of a contract for (which a work order has not been issued. However, the Contractor is specifically advised that no equal opportunity employment, complaint will be the basis for cancellation of any contract for which a work order has been issued. E (revs Nov/94) PAGE 7 OF 28 r (rev. Nov /94) PAGE 8 OF 28 ..Bonds 13-3- t Suret With the execution and delivery of the .contract, the Contractor shall and file furnish with the-city, in the amounts herein required,-the following bonds: surety {a) Performance Bond: A good and sufficient bond in an amount equal hundred to one percent (lao%) of the approximate total amount of the contract, evidenced by the proposal tabulation -or otherwise, as guaranteeing the full and faithful execution of the work and Performance of the contract, and for the Protection of the City and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work, or the use of inferior materials. This bond shall provide for the repair . and maintenance of all defects due to faulty materials, faulty combinations of materials, and /or faulty workmanship that appear within a period of one year from the date of completion and acceptance of the improvement by the City, or suchl lesser or greater period as may be designated in the Special Provisions. A Performance " Bond will not be required if the contract amount does not. emceed $25,000.00. (b) Payment Bond: A good and sufficient bond in an amount equal to one hundred percent (100 %) of the approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and proper protection of all claimants supplying labor and /or material in the prosecution, of the work provided for in said contract and for the use of each such claimant. A Payment Bond will not be required if the contract mount does ....� not exceed $25,000.40. (c) Other Bonds: Other bonds, if required in the Special Provisions. i No surety will be accepted by the City who is now in default or delinquent on J any bonds or who is interested in any litigation against the City. All bonds shall be issued by an approved surety company authorized to do business in the State of Texas and acceptable to the City, and the surety shall designate an agent who is a resident of Nueces County, Texas. Each bond shall be executed by the Contractor and the surety. should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and the Contractor shall immediately provide a new surety satisfactory to the City. No payment will be made under the contract until the new surety, or sureties as required, has qualified and been accepted by the City. The contract shall not be operative nor will any payments be due or paid until approval of the bonds has been made by the City. The City requires that the Power of Attorney submitted with any surety bond (Performance, Payment, etc.) be signed with an original signature and properly _ dated and sealed. In the event a facsimile Power of Attorney is used, the City must have on file a sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. It is also required that the facsimile be a true copy of the original Power of Attorney on file among the records of the surety in its home office, not be amended or abridge, still be in full force and effect, and that the City will be notified in the event of cancellation of the particular agent. B -3 -5 Execution of Contract: The person or persons, partnership, company, firm, association, corporation, or joint venture: to whom a contract is awarded shall, within ten (10) calendar ` days after such award and after the Contractor has been requested to execute the documents, sign the required contract, furnish the required insurance certificates, and execute the required bonds. No contract shall be binding on the City until it has been attested by the City Secretary, approved as to form J by the City Attorney, executed for the City by the City Manager, and delivered to the Contractor. (rev. Nov /94) PAGE 8 OF 28 I B -3 -6 Failure to Execute Contract: The failure of the bidder to execute the required bonds, furnish the required insurance certificates, and sign the required contract within ten (lo) calendar days after the contract is awarded and the Contractor has been requested to execute the documents shall be considered by the City as an abandonment of his proposal, and the City may annul, the award. By reason of the uncertainty of the market prices of materials and' labor and its being impracticable and difficult to determine accurately the amount of damages accruing the City by reason of the said bidder's failure to execute said bonds and contract within ten (10) calendar days, the proposal guaranty accompanying the proposal shall be the agreed amount of damages which the City will suffer by reason of such failure on part of the bidder and shall thereupon immediately he forfeited to the City. The filing of a proposal will be considered an acceptance of this provision_ B -4 SCONE OF WORK. B -4 -1 Intent of plans and ecifications: The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. The Contractor shall do all work as provided in the glans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. The.Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. B -4-2 5ubsidiaxy_ Work: in the course of furnishing or constructing a complete work or improvement, certain work may be necessary which. is subsidiary to the items which are established as pay items. Some such subsidiary work may be shown and specified in detail in the plans and specifications; other work may be less completely shown- and other such work which is entirely necessary for the satisfactory completion of the work as a whole may not be noted on the plans or in the specifications. It shall be the duty of the Contractor to carry out all such subsidiary work as if fully shown, and the cost of such work shall be made subsidiary to the established pay item. rn B -4 -3 increased or Decreased itles of _'Work: (a) The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered. No allowance will be made for any change in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the contract or bonds. (b) A Major Item as used in this Section shall be construed to be any, individual bit. item included in the proposal that has a total cost equal to or greater than five percent (5%) of the total contract cost computed on the basis of the proposal quantities and the contract unit prices. (c) when the quantity of work to be done or of materials to be furnished under any Major Item of the contract is more than one hundred twenty -five (125%) of the ,' quantity of that unit stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of the work above one hundred twenty -five percent (125 %) of the quantity stated in the proposal. (d) When the quantity of work done or materials to be furnished under any Major Item- of the contract is less than seventy -five percent (M) of the quantity of that item stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on the work performed. (rev. Nov /94) PAGE 10 OF 28 (e) Any revised consideration is to be determined by special ag reement or as - is hereinafter °Payment' provided under for- Extra Work" 13-4 -4 . Alteration of Plans and_ Snecifications :. The City reserves the right to make such changes in the plans and specifications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do the not materially alter the original plans and specifications or change general •-- nature of the work as a whole. Such changes shall not be considered�as waiving or invalidating any condition or provision of the contract and bonds. B -4 -5, value Encxinaerina Incentive Procedures: After the award of the contract, the Contractor may develop and submit, to the City Engineer, Value Engineering Change Proposals (VECP' s) identifying potential reductions in the contract cost by effective changes to the contract plans and specifications. Any VECP submittal shall include the following: (1) The present contract requirement and description of the proposal change including any modifications to the plans and specifications. (2) The comparative advantages and disadvantages of both the present requirement and the proposed change. (3) An analysis of how the proposed change will alter the', function, characteristics and /or performance of a component. (4) A separate detailed cost estimate comparing the cost of the existing requirement and the.cost of the proposed change including any costs which might be incurred in testing or evaluation of the proposed change. (5) A comparative projection of the operational and maintenance costs of the existing requirement and the proposed change. - -� (6) A projection of the latest date which the VECP can be incorporated into the contract to achieve maximum cost. savings. Any effect upon completion time or delivery schedule should also be noted. The City Engineer shall notify the Contractor of the status of the VECP within thirty (30) days of its receipt. Acceptance or rejection of the VECP by the City Engineer shall. be final. If the VECP is not accepted, written notification will be provided detailing the reasons for rejection. Any VECP may be accepted in whole or in part. Execution by both parties of a change order to the contract covering the proposed changes shall constitute approval of the VECP and authorization to proceed with the changes. Until such time as the change order is executed, the Contractor shall perform in accordance with the provisions of the existing Contract. The Contractor's share of the savings resulting from approval of the VECP shall be fifty percent (50%) of the net cost savings calculated as follows: Contractor's Share = .50 (existing contract requirement cost - proposed.change - costs - testing and evaluation costs incurred by the City or Contractor). This savings will be reflected on the change order approving the VECP and authorizing the change. Deletion of contract work or construction items and changes initiated by the City will not be considered as VECP's. In those instances,, the City will realize 1001 of the contract reduction or cost savings. (rev. Nov /94) PAGE 10 OF 28 r 7 L 13-4 -6 Extra Work-. When additional work not shown in the plans and specifications or reasonably inferred as subsidiary work or as normal adaptation to existing conditions is required, the Contractor shall do such work when ordered in writing by the Engineer. Payment for such extra work will be made as hereinafter provided.. B -5 COBUROL OF THE WORK AND MATERIALS: B-5 -1 Authorit of the City Mi inner: All work shall be performed under the supervision of the City Engineer in a workmanlike manner and to his satisfaction. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation,mutual rights between Contractors under these specifications and suspension of the work. He shall determine the amount and quality of the work performed and materials furnished, and his decisions and estimates shall be final.- His estimate in such event shall be a condition precedent to the right of the Contractor to receive money due him under the contract. B -5 -2 Authority and Duty of En ineexs.or Inspectors: The City Engineer may appoint Engineers and /or Inspectors as assistants to inspect all work done and material. furnished. Such - inspection may extend to all or any part.of the work and to the preparation, fabrication or manufacture of the materials to be used. The Engineer or Inspector will not be authorized to revoke, alter, expand, relax, or waive any requirements of the contract documents. The Engineer or Inspector will keep a record of the progress of the work and the manner in which it is being performed and inform the City Engineer of same. He is authorized to call. to the attention of the Contractor any deficiency of the work or of materials to conform to the contract documents; however, failure to do so. shall not constitute acceptance of said work. The Contractor shall furnish the Engineer with every reasonable .facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. The Engineer or Inspector shall in no case act as foreman or supervisor or perform other duties for the Contractor nor interfere with the management of the work by the latter. Any advice which the Engineer or Inspector may give the Contractor shall in no way be construed as binding to the City or release the Contractor from fulfilling all the terms of the contract. The Engineer or Inspector shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the City Engineer. If the Contractor refuses to suspend operations on verbal order, the Engineer or Inspector shall issue a written order giving the reason for suspending the work. After delivering the order to the person in charge, the Engineer or Inspector shall immediately leave the job site. Work done during the absence of the Engineer or Inspector under these circumstances will not be accepted or paid for. B -5 -3 Conformity with Plans: All work shall conform to the lines, grades, cross- sections, and dimensions by h: B -! Th, Howe, (rev. on the plans. Any deviation, from the plans which may be required by the :ies of construction will be determined by the.City Engineer and authorized in writing. plans show the location of all known surface and subsurface structures. x, the location of many gas mains, water mains, conduits, sewers, etc. is Nov /94) PAGE 11 OF .28 unknown, and the City assumes no responsibility for failure to shown - -of- these any or all - structures on the plans or to show them.. in e their exact location.. - mutuall y agreed such failure will not be considered :suffscient- basis - -it- is for, � ' for mp additional -co ensation...for.extra work in: - y ,an manner whatsoever - obstruction claims unless the € - encountered is such as to necessitate substantial changes lines or grades or requires the building of special. work for which in the —� - nod is made in the plans and which is not essentially subsidiary to some item provision of work ' for which provision is made. It is assumed that, as elsewhere provided, the Contractor has thoroughly inspected the site, is informed as to the correct location of surface structures, has included the cost of such incidental work in the prices bid, and has considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether.surh conditions and such work are fully and properly described on the plans or not. Minor changes and variations of the work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning work.or improvement. 13"7 -a k_U0 EUMa-G]L0IL 41; L'1.ans 5 ec:LE car -XmR OS41 anct ec:Lal Provisions: The plans, general provisions, proposal, special provisions,ll standard specifications and all supplemental documents are intended to describe a complete work and are essential parts of the contract. A requirement occurring'in any of them is binding. Xn case of discrepancies, figured dimensions shall govern over scale dimensions; plans shall govern over specifications; special provisions shall govern over both general and standard specifications; and ': plans and quantities shown on the plans shall govern over those shown in the proposal. The J Contractor shall not take advantage of any apparent error or omission. in the plans and specifications, and the City Engineer shall be permitted t& make such corrections or interpretations-as may be deemed necessary for the fulf111ment of the intent of the plans and specifications. In the event the Contractor, discovers an apparent error or discrepancy, he shall immediately call this to the attention of the Engineer. 5 -5 -6 Cooperation of Contractor. The contractor will be supplied with three (3) copies of the plans and specifications. The Contractor shall have available on the work at all times one copy of said plans and specifications. The Contractor shall give to the work the consistent attention necessary to facilitate the progress thereof, and he shall cooperate with the City Engineer, his authorized representatives, and with other contractors in every way possible. The contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on the work. Such superintendent shall be capable of reading and understanding the plans and specifications and shall receive and fulfill instructions from the City Engineer or his authorized representatives. The Contractor shall provide all facilities to enable the Engineer or inspector to inspect the workmanship and materials entering into the work. On marine work, the Contractor shall furnish motorboat transportation as required by the Engineer for the purpose of inspecting the work. The superintendent shall keep the City Engineer or his representative informed of the work he is planning to do and the work schedule. n -5 -7 Construction Stakin The Engineer will furnish the Contractor with lines, grades, and measurements necessary for the proper prosection and control of the work contracted for under these specifications. Such stakes or markings as the Engineer may establish either for his own use or the Contractor's guidance shall be preserved by the Contractor .until authorized by the Engineer to remove same. Unnecessary destruction of stakes shall not be allowed by the contractor. The Contractor shall be bound to examine the stakes set and check the lines and grades thus set against the plans and profiles, and shall be accountable particularly that gutters, structures, and pipes which drain in a certain direction on the plans do so drain'when constructed. (rev. Nov /94) PAGE 12 OF 28 B °5-8 Source of QMRlv of Materials_ The materials shall be the best procurable as required by. the plans, specifications, and special provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only material conforming to these specifications shall be used, only after written approval has been given by the Engineer, and only so long as the quality of said materials remains equal to the requirements of the specifications. The Contractor shall furnish approved materials from other sources if for any reason the product from any source at any time before commencement or during the prosecution -of the work Proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. New material is required unless otherwise specially provided in the plans and specifications. B -5 -9 Samples and 'Tests of Materials: Where, in the opinion of the Engineer or as called for in the specifications, tests of material are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the City to make any tests of materials shall in no way` relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall, furnish adequate samples without charge. . B -5 -10 "Or Hqualn Clause: All bids shall be based on the specified products. where two or more products are specified for an item of work, either one thereof is acceptable and the choice is left to the Contractor. Where only one product is specified, and where the term "or approved equal "or similar wording is used in connection with specified products, the Contractor may, if he so desires, offer for consideration a substitute product which he judges to be equal in every respect to the required product. When a specific process is specified as well as a guarantee of the results, the Contractor shall, if in his judgement the process may not produce the required result, offer for approval an alternative process which he would guarantee. All such offers shall be made in writing to the Engineer after award of contract. The Contractor shall furnish to the Engineer with the first submittal sufficient drawings, specifications, samples, performance data, and other information necessary to assist the Engineer in determining whether the proposed substitution is acceptable. The burden of proof shall be upon the Contractor. No consideration will be given to incomplete submittals. Substitutions must be approved in writing before they may be used. B -5 -11 Storage of Materialst Materials shall be stored so as to insure the preservation of their quality and - fitness for the work.. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. Particular attention is directed to the storage or structural steel and reinforcing steel, which shall not be stored on the ground. A7!1 work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and, replaced at the Contractor's expense. Defective materials shall be immediately remove from the site of the work. work done without line and grade having been given, work done (rev. Nov /54) PAGE 13 OF 28 beyond the lines or not in conformity with the grades shown on the p azxs or as given, save as herein provided, work done without proper inspection, ox any extra or unclassified work done without written authority and prior ag Bement in 1 writing -as to ':prices shall be :done at the Contractor, s risk an will be .considered unauthorized and, at the option of the Engineer, may not be measured � and paid for and may' be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the Engineer-, the Engineer will, after giving written -^} notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost thereof from any monies due or to become due the contractor. B -5-13 Final In=ection: The Engineer will make final inspection of all work included in the contract as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the particular defects to be remedied before final acceptance will be made. Previous inspection by the Engineer or his representatives during the course of the work shall not be interpreted as approval or acceptance of work or materials which on final inspectionl are found. to be defective or note in accordance with the contract and its duly 'authorized modifications. B --5 -14 Warranty Inspections `J Forty -five (45) to sixty (60) days prior to the expiration of the maintenance guaranty period as specified in the contract documents, a warranty inspection will be made. The Contractor may he notified when this examination will he made so that he or his representatives may be present. Within the maintenance guaranty period, the Contractor when ordered by the Engineer, shall repair, replace or rebuild such portions which are found to be faulty because of materials or workmanship. The Contractor shall begin the remedial work within ten (10) calendar days of written order by the Engineer. In case the Contractor does not start remedial work within the above time limit, or in case of an emergency condition caused by faulty work, the City may take remedial action and charge the cost thereof against the Contractor and/or his surety. B -6 LEGAL RELATIONS. AND PUBLIC RESPONSIBILITY: B -6 -1 Laws to be Observed: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any manner affect the conduct of the work and shall observe and comply with all orders,laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No pleas of misunderstanding or ignorance thereof will be considered. The Contractor and his surety shall - indemnify and save harmless the City and all its officials, agents, and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order, whether by himself or his employees. B -6 -2 Permits and Licenses: The Contractor shall procure all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees (except City - fees), give all notices necessary and incidental to the due and lawful prosecution of the work, and arrange for all building, plumbing, electrical or other inspections as appropriate. (rev. Nov /34) PAGE 14 OF 28 r, B -6 -3 Patented Devices [Materials and Processes. If the Contractor is required or desires to use any design, - device, material or process covered by letters, patent or copyright, he shall provide -for such use by suitable legal agreement with the patentee or owner. It is mutually agreed and understood that, without exception, contract prices shall include all royalties or costs arising from patents, trademarks and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the City from any and all claims for infringement by reason -of the use of any such patented design, device, material or process or any trademark or copyright in connection with the work agreed to be performed under this contract and shall indemnify the City for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. B -6 -4 Sanitary._xovisions. The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to -- prevent the inception and spread of infection or contagious diseases and to prevent effectively the creation of a nuisance about the work or any property either public or private, and such regulations as are required by the Engineer shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as will be approved by the Engineer, and their use shall be strictly enforced by the Contractor. All sanitary laws and regulations of the State of Texas and the City of Corpus Christi shall be strictly complied with. B -6 -5 Public Convenience and Safet Materials stored about the work shall be so placed and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. The Contractor shall, upon direction of the Engineer, make provisions by bridges or otherwise at sidewalks and private driveways for the free passage of pedestrians and vehicles provided that, where bridging is impracticable or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for. the construction and maintenance of roadways and bridges. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, water valves, gas valves, manholes for telephone, telegraph, signal or electric conduits, sanitary or storm sewers,and fire alarm or police call boxes in the vicinity. The City reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention after twenty -four hours notice in writing to the Contractor except in case of emergency when it shall have the right to remedy any neglect without notice, and in either case,the. cost of such work done by the City shah be deducted from monies due or to become due the Contractor. The Contractor shall notify the Fire and Police Division Headquarters when any street is closed or obstructed. Where the ;Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches: as well as the structures of such crossings. The Contractor shall mark all detours as directed by the Engineer so that lthe entire route of the detour is designated, such markings to be by neat and workmanlike signs large enough and so painted and so placed as to he clearly visible. (rev. Nov /94) PAGE 15 OF 28 r L= For the performance of the contract, the Contractor will be permitted to occupy such portions of streets. or alleys, or other public places or other right -of -way, as provided for in the ordinances. of the City, as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space but not more than is necessary to avoid delay in the construction. Excavation and wastel materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed. Other Contractors of the City may, for all purposes be required by their contracts, enter upon the work and premises used by the Contractor, and the Contractor shall give!i to other s contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the ,Contractor for his use shall be provided by him at his own cost and expense. 13-6 -7 Railway Crossings: Where the work encroaches upon any right -of -way of any railway, the City will secure the necessary easement for the work. Where railway tracks ,`are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work or precautions. for', safety of property and the public. All negotiations with the railway company, 'iexcept for right -of -way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his intentions to begin the work. .The Contractor will not be paid direct compensation for such railway crossing but shall receive only the compensation for such railway crossing as set out in the proposal. B -6 -8 Traffic Control Devices: Where the Contractor's operations are carried on in or adjacent to any public right -of -way or public place and which, in the opinion of the City Engineer, interferes with normal vehicular and pedestrian traffic, the Contractor shall take appropriate measures to protect persons, property and the work. Such measures shall include but not be limited to barricades, lights, signs, fences, flagmen, and watchmen. Such measures shall be taken to exclude or route pedestrian and vehicular- traffic around the work and area of operations. Barricades, lights, signs and flagmen shall be utilized in accordance with the Uniform Barricading Standards and Practices as adopted by the City. The Contractor shall be responsible for all damages to persons, property and -. the work occasioned by his operations and said responsibility shall not cease until the project has been accepted by the City. B -6--9 use of Explosives: Should the Contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The City shall not be held liable for damages done by the Contractor in the use of explosives. The Contractor shall notify the proper representatives of any public service corporation, any company or any individual not less than eight (8) hours in advance of the use of explosives which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner, and all storage places shall . be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a' competent watchmen at all times. 8 -6 -10 Protection and Restoration of Pxaperty: Where the work passes over or through private property, the City will provide such right -of -way. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The ~ Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, (rev. Nov /94) PAGE 16 OF 28 culverts, bridges, pavements, driveways, sidewalks, etc., to all water, sewer and gas lines; to all conduits, to all overhead pole lines, or appurtenances thereof; and to all other public and private property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to the property of any character resulting from any act, omission, neglect or misconduct in the execution of the work or in consequence of the non- execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar to equal to that existing before such damage or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall made good such damage from injury in a manner acceptable to the owner or the Engineer. In case of €ailure on the part of the Contractor -W to restore such property or to make .good such damage or injury, the Engineer may, after forty -eight (48) hours written notice tinder ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and ' the cost thereof will be deducted from any monies due or to become due the Contractor under his contrast.. 13-6 -13 Responsibility Responsibiljt y Ear Dams a Claims: The Contractor shall not commence work under this contract until he has obtained all insurance required herein and such insurance has been approved by the City. The Contractor shall not allow any subcontractors) to commence work until all similar insurance required of the subcontractors) has been so obtained. Within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall furnish the City with certificates of insurance evidencing that the Contractor has obtained insurance coverage of the types more particularly described below in parts (a) through (e) of this section. (For self- insured workers, compensation coverage, other documents, specified hereafter, may be substituted for the certificate of insurance just described) . The workers, compensation insurance policy need not list the City as an additional insured. Additionally, all certificates of insurance shall state the name of the project in the "Description of Operations" _ section of such certificate. These certificates and any subsequent insurance certificates in connection with this particular contract shall be delivered to the offices of the City Engineer. The Certificates of insurance shall state that ten (10) days written notice, will be given the City before any policy covered thereby is changed or canceled and shall shown the follouring minimum coverage in an insurance company acceptable to the City.. The City reserves the right to modify minimum limits. based upon the nature and scope of the work. The Contractor agrees to comply with the Supplemental insurance Requirements stated in the "Special Provisions" section of this contract. (a) General_ Liability, including Commercial General Form; Premises - operations; Explosion & Collapse Hazard; Underground Hazard; Products /Completed Operations Hazard; Contractual Insurance, with an endorsement on the face of the certificate that it includes the "hold Harmless" in the last paragraph of this provision; Broad Form Property Damage; Independent Contractors; and Personal Injury: MINIMUM INSURANICE COVERAGE �- Bodily Injury and Consequent Death _ . . . . . . $300,000 Per Person Bodily Injury and Consequent Death . . . . . . ..$500,000 Each Occurrence Property Damage . . . . . . . . . . . . . . . $160,000 Each Occurrence i i (b) Automobile Liability _ owned, Nonowner or Rented: MINIMUM INSURANCE COVERAGE (rev i ly Injury and Consequent Death . . . . . $100,000 Per Person ly Injury and Consequent Death . . . . . $300,000 Each Occurrence erty Damage . . . . . . . $100,000 Each occurrence Nov /94) PAGE 17 OF 28 Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self- insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will.be promptly met: (d) Employer's Liability_: Minimum Insurance Coverag e - 5700,000 Per Person (e) Builder's Risk Insurance Coveracre: .Contractor will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the'date the City finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value: form. The Contractor shall Provide such builder's risk coverage as indicated in the Special Provisions, which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. Contractor shall be responsible for paying all costs necessary to procure ,. such builder's risk insurance coverage, including any deductible. The City shall be named an additional insured on any policies providing such insurance coverage. in the event of accidents of any kind, the Contractor shall furnish the City with copies of all reports such accidents at the same time that the reports are forwarded to any other interested parties. It shall be the Contractor's primary responsibility for immediately notifying the carriers of any or all insurance under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, orany damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage. is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any other person indemnified hereunder. (rev. Nov /94) PAGE is OF 28 - {c) - Workers Coin ensatiozs and Occu atidnal Diseases: .� The Contractor shall obtain worker., -s -- compensation insurance - coverage a licensed insurance through company ar through self- .insurance obtained in with.. accordance Texas law. If such coverage is obtained through a licensed Company,'then the contract for coverage shall be written on a insurance policy endorsements approved by the Texas State Board of Insurance_ and T If such coverage is provided through self- insurance, then within ten (10) calendar days after the date the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a of its dopy certificate of authority to self -- insure its workers compensation coverage as well as a letter, signed by the Contractor, stating that the certlificate of authority to self- insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the work by the City, such certificate of authority to self- insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi., Department of Engineering services, P.O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self- insurance, the coverage provided must be in an amount sufficient to assure that all worker' compensation obligations incurred by the Contractor will.be promptly met: (d) Employer's Liability_: Minimum Insurance Coverag e - 5700,000 Per Person (e) Builder's Risk Insurance Coveracre: .Contractor will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including the'date the City finally accepts the project or work. Builder's risk coverage shall be an "All Risk" form. The policy shall be a completed value: form. The Contractor shall Provide such builder's risk coverage as indicated in the Special Provisions, which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. Contractor shall be responsible for paying all costs necessary to procure ,. such builder's risk insurance coverage, including any deductible. The City shall be named an additional insured on any policies providing such insurance coverage. in the event of accidents of any kind, the Contractor shall furnish the City with copies of all reports such accidents at the same time that the reports are forwarded to any other interested parties. It shall be the Contractor's primary responsibility for immediately notifying the carriers of any or all insurance under this contract in the event of a known loss or claim presented to the Contractor by the City or a third party. Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, orany damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage. is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any other person indemnified hereunder. (rev. Nov /94) PAGE is OF 28 8 -6 -12 Contractor's Claim for Damages: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the City, he shall, within three (3) days after sustaining such alleged damage, make a written statement to the City Engineer, setting out in detail the nature of the alleged damage; and on or before the -- twenty -fifth (25th) day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the City Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the City Engineer access to all books of accounts, receipts, vouchers, bills of lading and other books or papers containing any evidence as to the amount or such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived and he shall not be entitled to payment on account of such damage. B-6 -13 Public Utilities and Other Perty to be Changed: in case it is necessary to change or move, the property shall not be moved or interfered with until ordered to do so by the Engineer, unless the plans or specifications show that such work is to be done by the Contractor. The right is reserved to the owner of public utilities to enter upon the limits of the. contract for the purpose of making such changes or repairs of their property that may be necessary by performance of the contract. The City reserves the right of entering upon the limits of the contract for the purpose of repairing or relaying sewer, gas and water lines and appurtenances, repairing structures, etc., and making other repairs, changes or extensions to any City property. B -6 -14 TemQorarV Sewer and Drain Connections-- When existing sewers have to be taken up or removed, the Contractor shall, at his cost and expense, provide and maintain temporary outlets and connections for all private or public drains or sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers; and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his -- own expense, shall construct such troughs, pipes or other structures necessary and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent, connections are built and in service. The existing sewers and connections shall be kept in service and maintained-under the contract except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will adequately be protected. B -6 -15 Arr ement and Charge for Water Furnished 12y the C3 Where the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the City of Corpus Christi, Department of public Utilities for so doing_ However, this in no way obligates the City to provide water. B -6--16 Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe or hose to, or iconnect anything with any fire hydrant; stop valve or stop cock, or tap and water main belonging to the City unless .duly authorized to do so by the City of Corpus Christi, water Division Superintendent. B -6--17 Use of a section or Portion of the Work: (Wherever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the ti written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications 'or the contract pending final �... (rev. Nov /94) PAGE 19 OF 28 r i completion and acceptance of the.work; all necessary repairs. and removals of any section of the work. so put into use, due to defective materials or workmanship or to operations of the Contractor, _shall.be performed by the Contractor at his own cost and expense_ B -6 -1B Separate_ Contracts: The City reserves the right to make essential installation of items not included in the contract prior to acceptance of the project from the Contractor. Within this right, the City may let other contracts or may do such work with its own materials and labor forces. The City, in reserving this right, warrants that it will cooperate with the Contractor's forces and goals. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or company or by City employees. The Contractor shall coopetate to the end that the City may realize a complete functioning of'the project on the date of Final Acceptance, B- T- 19__Contractor's Responsibility for the Work: Until written acceptance by the Engineer, as provided for in these specifications, the work shall be under the charge and care of the ,Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any other cause whatsoever, whether arising from the execution or non - execution of the work. The Contractor shall rebuild, repair, restore and make good, at his own cost and expense, all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. B -6 -20 No Waiver of Legal Riaht: inspection by the Engineer, any order, measurement, quantity or certificate by the Engineer; any order by the City for payment of money; any payment for or acceptance of any work; or any extension of time; or any possession taken by the City shall not operate as a waiver of any provisions of the contract or any power therein reserved to the City of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be waiver of any other or subsequent breach. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The City reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the Contractor or his agents and the Engineer or his assistants, discovered in the work after the final payment has been made. B -6 -21 Indemnification and Hold Harmless: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or the operations or activities of the Contractor or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. B -6 -22 Tax Bacemption Provision: Contracts awarded by the City of Corpus Christi qualify for exemption pursuant to the provision of Article 20.04 (H) of the Texas. Limited Sales, Excise and Use Tax Act. (rev. Nov /94) PAGE 20 OF 28 R� -.l The Contractor performing thin contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's Ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's Ruling ##95 -0.09 as amended to be effective October 2, 1958. 13-7 PROSECUTION AND PROGRESS: B -7 -1 Subletting the Work: The Contractor shall perform with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than fifty percent f50%-? of the value of all work embraced in the contract exclusive of items not commonly found in contracts for similar work or which require highly - specialized knowledge, craftsmanship and /or equipment not ordinarily available in the organizations of Contractors performing work of the character embraced in the contract. No portion of the work covered by these specifications and contract, except contracts for purchase and delivery of materials, shall be sublet without written permission of the City. if the Contractor sublets any part of the work to be done under his contract, he will not, under any circumstances, be relieved of his responsibility and obligations. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and /or workmen and shall be subject to the same requirements as to character, competency, wages and hours. The City will not recognize any subcontractor on the work. The Contractor shall,. at all times when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. •B -7 -2 Assignment of Contract: The Contractor shall not assign, transfer, convey or otherwise dispose of the contract or his right, title or interest in or to the same, or any part thereof, without the previous consent of the City Council and concurred in by the sureties. If the Contractor does without such previous consent assign, transfer, convey or otherwise dispose of the contract or of his rights, title or interest therein, or any part thereof to any persons, partnership, company, firm or corporation, or by bankruptcy, voluntary or involuntary, or by assignment under the insolvency-laws of any state, attempt to dispose of the contract or make default in or abandon said contract, then the contract may, at the option of the City, be revoked or annulled, uxiless the sureties shall successfully complete said contract; and any monies due or to become due under said contract shall be retained.by the City as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. B -7 -3 Prosecution of the Work: Pxior.to beginning construction operations, the Contractor shall submit to the Engineer a chart or brief of his work schedule outlining the manner and sequence of prosecution of the work that he intends to follow in order to complete the contract within the allotted time. Whenever, during the course of the work, this planned sequence and /or method must be revised, such revision shall be submitted in writing to the Engineer. The Contractor shall begin the work to be performed under this contract within the time limit stated in the Agreement and shall conduct the work in such a manner and with sufficient equipment, -materials and labor as is necessary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as directed be or approver by the Engineer. Suck direction or approval by the Engineer shall not relieve the Contractor from thelful.l. responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the Contractor, he shall notify the Engineer at least twenty -four (24) hours in advance of resuming operations. Nov /94) PAGE 21 OF 28 B-7:4. .imitation of Operations The work shall be no conducted as to create a minimum amount of in to the public. -At an time :when, in the 'ud A Y 7 gment of .the. Engineer, :the has abstracted..or_closes.or._is_ carrying on operations on.a...greater poi street or public way than is necessary for the proper execution of th Engineer may require the Contractor to finish the sections on which progress before operations are started on any additional section. 8-7 -S Character of Workmen and E meat: Local labor shall be used by the Contractor if available. The Coin bring in from outside the City his key employees and superintendent. employees, including equipment operators, may be imported only afte supply is exhausted. Contractor .ion of the work, the work is in 'actor may All other the local t...i The Contractor shall employ such superintendents, foremen, and women as are careful and competent and the Engineer may demand the dismissal of any person or persons employed by the Contractor in, about or an the work who shall misconduct himself or be incompetent or negligent in the proper performance of his or their duties or neglect or refuse to comply with the directions of the Engineer, and such person or persons shall not be employed thereon again without the written. consent of the Engineer. All workmen shall have sufficient skill and,, experience to perform properly the work assigned them. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the 'work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work ` shall be subject to the approval of the Engineer and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. B -7 -6 Workin Hours: Work shall be done only during the regular and commonly accepted and prescribed working hours. No work on any unit of this contract shall be 1 performed before 7 a.m., or after 6 p.m., or on Sunday, or on a regular holiday as listed in. the definitions, unless-special permission is given in writing by the Engineer. Excepted from the preceding shall be the setting of flashers, maintenance of barricades, wetting of concrete curing mats, and such measures as the Contractor must take to protect life and property, as are of an emergency nature and not merely extensions of the regular working day. Attention is directed to the definition for contract time. 8 -7 -7 Time of Coamcencement.and Comnleti.on: The Contractor shall commence the work within the time specified, and the rate of progress shall be such that the whole work will be performed and the premises cleaned up in accordance with the contract, plans and specifications within the time limit specified in the contract unless an extension of time be made in the manner hereinafter specified. B -7 -8 Extension of Time of Co letiara: The.Contractor shall be entitled to an extension of time as provided herein only when claim for such extension is submitted to the'City in writing by the Contractor within seven (7) days from and after the time when any alleged cause of delay shall occur, and then only when such claim is approved by the City. in adjusting the contract time for the completion of the project, unforeseeable cause beyond the control and without the fault, or negligence of the Contractor, including but not restricted to inability to obtain supplies and materials, acts _ of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center), or delays of subcontractors (rev. Nov /94) PAGE 22 OF 28 due to such causes; all provided that actual stoppage of work ensues and no fault of the Contractor is involved. If the satisfactory execution and completion of the contract should require work and materials in a greater amount, or quantities, than those set forth in the contract, then the contract time shall automatically be increased the same proportion as the cost of the additional work bears to the cost of the original work contracted for. 110 allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor. 5= 7-- 9_Comoutation of Contract Time far Completiaa: For the purpose of computation, the contract time shall begin with the tenth (loth) calendar day after the date of the .written authorization by the City Engineer to begin work, or such earlier date as work, other than the delivery of materials, is actually commenced. The Engineer shall furnish the Contractor a monthly statement showing the days (calendar or working) charged during the month. If no protest as to the correctness of the statement is filed within seven (7) days by the Contractor, the statement will stand. Contract time shall be charged as described under the definition thereof. B -7 -10 Failure to Complete on Time: The time of completion is the essence of the contract. For each day "— (calendar or working) that any work shall remain uncompleted after the time specified in the time specified in the proposal and contract, or the increased time 'granted by the City, or as automatically increased by additional work or materials ordered after the contract is signed, a sutra per day will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. This sum of liquidated damages per day will be as shown in the special provisions, proposal or elsewhere in the contract documents. The sum of money .thus deducted for such delay, or noncompletion is not to be considered as a penalty but shall be deemed, taken and treated as reasonable liquidated damages since it would be impracticable and extremely difficult to fix the actual damages, with such sums of money to be deducted from Contractor's monies at the time or times such damages begin to occur, thence to the completion of construction. f 8 -7 -11 Suspension by__Court Order: The Contractor shall suspend such part or parts of the work ordered by the Court, and will not be entitled to additional compensation by virtue of such Court Order. Neither will he be liable to the City in the event and for the time the work is suspended by Court Order. 5 -7 -12 Temporary Suspension: The Engineer shall have the authority to suspend the work wholly or, in part for such period or periods as he may deem necessary due to unsuitable weather conditions as are considered unfavorable for the suitable prosecution of the workl. if it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct r` or impede the public unnecessarily or become damaged in any way, and he shall takel every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work and erect temporary structures where necessary. The Contractor shall not suspend work without written, authority from the Engineer and shall proceed with work promptly when notified by the Engineer to resume operations. Nov %94) r-- i PAGE 23 OF 28 - B-7-13 _Suspension of z+%rk and Annulment of Contract The work or. any portion of the work under contract shall be suspended immediately on written order of the City Engineer or the City Manager, a copy of such notice to be served on the Contractor's sureties, or the contract may be annulled by the City. for any good cause or causes, among others of which special reference is made to the following: (a) Failure of the Contractor to start the work within. the specified number of calendar days from the date of written notice by the City to begin the work. (b) Substantial evidence that the progress of the work being made by the -� Contractor is insufficient to complete the work within the specified time. (c) Failure of the Contractor to provide sufficient and propel) equipment for properly executing the work. (d) Substantial evidence that the Contractor has abandoned the work. (e) Substantial evidence that the Contractor has become insolvent or W bankrupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the Contractor to observe any r requirements. of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. (g) Failure of the Contractor to promptly make good 'any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Engineer. (h) Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of the work under contract. When the work is suspended for any of the causes itemized above or for any other cause or causes, the Contractor shall discontinue: the work or such part thereof as the City shall designate, whereupon the sureties may, at their option, assume the contract or that potion thereof which the City has ordered the Contractor to discontinue, and may perform the same, or may, with the written consent of the City, sublet the work or that portion of the work so taken over, provided however that the sureties shall exercise their option, if at all, within two (2) weeks after the written notice to discontinue the work has been served upon the Contractor and upon the sureties or their authorized agents. The sureties in such event shall assume the Contractors place in all respects, and shall be paid by the City for all work performed by them in accordance with the terms of the contract. All monies remaining due the Contractor at the time of his default shall thereupon become due and payable to the sureties as the work progresses, subject to all the terms of the contract. In case the sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by contract or otherwise as it may deem necessary; and the Contractor hereto agrees _ that the City shall have the right to take possession of and use any of the. materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work and to procure other tools, equipment and materials for the completion of the same, and to charge to the account of the Contractor the expenses of said contract or labor, materials, tools, equipment and expenses incidental thereto. The expense so charged shall . be deducted by the City out of such monies as may be due or may at any time thereafter become due the Contractor under and by virtue of the contract or any part thereof. The City shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would (rev. Nov/94) J PAGE 24 OF 28 have been payable under the contract if the same had been completed by the Contractor, then in such case, the City may pay to the Contractor the difference f- in cost provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits; in case such expense shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, then the Contractor and his sureties shall pay the amount of such excess to the City on notice from the 'City of the excess due. When any particular part of the work is being carried on by the City by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the contract, and in such manner as not to hinder or interfere with the performance of workmen employed as above provided by the City. B -7 -14 Termination of Contract: The contract will be considered fulfilled, saved as provided in any maintenance stipulations, bond or by law, when all the work has been completed. the final inspection made by the Engineer, and final acceptance and final payment made by the City. B -8 MFrSUREN1ngT AND PAYWR" B-8-1 Measurement of.0uantities: The determination of quantities of work acceptably completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, based on measurements made by the Engineer. These measurements viill be taken according to the U.S. Standard Measurements, used in common practice, and will be the actual length, area, solid contents, numbers and weight. it is pointed out that inclusion in the standard construction specifications of paragraphs describing methods of measurement and payment is not intended to imply that separate payments shall be made under each such standard specification. The units for which payment shall be made are those stated in the proposal. $ -8 -2 Unit Price: where in the proposal form a "Unit Price" is set forth, the "Unit Price" shall, include the furnishing by the Contractor of all labor, tools, materials, machinery, appliances, plant and equipment appurtenant to and necessary for construction in'every detail and the completion in a first class, workmanlike manner of all the work to be done under these specifications. The "Unit Price" shall also include all permanent protection of overhead, surface and underground structures, cleaning up, finish, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements, delay, profit, injuries, damages, claims and all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. B -8-3 Scope of Payment: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, equipment and -` incidentals; for performing all work contemplated and embraced under the contract; for all lose or damage arising out of the nature of the work or from the action of the elements; for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work and before its final acceptance by the Engineer; for all risks of whatever description connected with the 11 prosecution of the work; for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights; and for completing the wor'ik in an acceptable manner according to the plans and specifications. The payment of any current or partial estimate prior to final acceptance of the work by the City shall in no way constitute an acknowledgement of the acceptance of lthe work nor in any way prejudice or affect the obligation of the Contractor to repair, correct, renew, or replace, at his expense, any defects or imperfections (rev. Nov /94)- PAGE'25 OF 28 in the construction or in the strength or quality of the materials used in or about the construction of the work under contract and its appurtenances, nor any damage due or attributed to such defects, imperfections or damage shall have been discovered on or before the final inspection and acceptance of the!: work. _. The Engineer shall be the sole judge of such defects, imperfections or damage; and the Contractor shall be Liable to the City for failure to correct the same as provided herein. B -8 -4 Payment for Extra Work: Extra work authorized and approved by the City Engineer and performed by the Contractor will be paid for in the manner hereinafter described, and the compensation thus provided shall he accepted by the Contractor as payment in full for all labor, material, tools, equipment and incidentals and all superintendents' time and timekeepers' services, all insurance, blond and all other overhead expenses incurred in the prosecution of the extra work. Payment for extra work will be calculated on one of the following basis, subject to all other conditions of the contract: (a) . By unit prices agreed on in writing by both parties, payment to be for the quantity actually installed as finally measured. (b) By a lump sum price agreed on in writing by both parties.l (c) By actual field cost of the work plus fifteen percent (15 %) as - described hereinbelow, agreed on in writing by both parties. In the event extra work is to be performed and paid for under this method, the actual field cost of the work will include the cost of all workmen, foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rental or machinery equipment, only for the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses, and a rateable proportion of premiums on Performance and Payment Bonds, public liability and Workmen's Compensation and all other insurance required by law or ordinance. The Engineer will direct the form in which the accounts or actual field cost will be kept and will specify in writing the methods of doing the work, and the type and kind of machinery and equipment to be used, and shall have authority to suspend such extra work if in his judgement it is being conducted in a manner wasteful of materials, equipment, or labor, or is not being prosecuted in an efficient manner. The fifteen percent (15 %) of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the Engineer access to all accounts, bills, invoices and vouchers relating thereto. In the event agreement cannot be reached on method or prices of payment for extra work, the City reserves the.right to enter on the job with its own forces or to hire other contractors to perform such extra work. B -8 -5 Policy on Extra Work and Chancre orders: The City Council of the City of Corpus Christi has adopted the following Construction Change order Policy which will be applicable to all City construction projects, and the Contractor is hereby advised to be so guided in the proceeding with any item of work which he considers to be extra work: (a) All change orders require written quotations and must be approved in writing by the Contractor and.the City Engineer or his representative prior to the work being done. (rev. Nov /94) PAGE 26 OF 28 i fb) All change orders in involving an expenditure of $10,000.00 or more must be approved by the City Council. (c) ' The City Manager, or duly authorized Assistant City .Manager, has authority to approve change orders between $5,000.00 and $10,000.00. The City Manager may authorize change orders in excess of this amount only in emergency situations where undue delays could cause damages, either physical or monetary, to the City, Contractor, or general public. However, final approval must be granted by the City Council. (d) The City Engineer has authority to issue change orders up to $5,000.00. (e) The total amount of all change orders to a contract shall not exceed 25% of the original contract price. Contractors are advised that the City is under no obligation to appropriate change order(s) which have not been prepared and executed as stated herein. The addition of items of work covered by unit prices may be performed without written change orders unless the quantity and cost of such work, in the Engineer's opinion, require such written change orders, in which event the Contractor will be so notified. H -8 -6 Partial Estimates: After the twenty -fifth (25th) day of the month and at the Contractor's request, the Engineer will make an approximate estimate of the value of the work done during the month under the specifications, which approximate estimate may include the full net invoice value of acceptable non - perishable materials delivered to the work (i.e. materials on hand). The Contractor shall furnish to the Engineer such detailed in formation as he may request to aid him as a guide in the preparation of partial estimates. It is understood that the partial estimates from month to month will be approximate only and all partial estimates and payments will be subject to correction in the. estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the City of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the Contractor of any of his responsibility under the contract. In determining the partial payment to be made to the Contractor, the City will retain five percent (5%) of the total approximate estimate, unless otherwise stated, and will deduct payments previously made. No partial payment will be made when the said estimate or the estimates of'work done since the last previous estimate is less than one Hundred Dollars ($100.00) in amount. All retainage is due and payable to the Contractor upon successful completion of the project and will be included in the final payment. Payment shall be withheld as elsewhere herein specified. The City reserves the right to increase the retainage. In contracts in which the total amount bid is Four Hundred Thousand Dollars ($400,000) or more and providing for retainage of greater than five percent (5%) of the total estimate, the amount retained shall be deposited in an interest bearing account and the interest earned shall be paid to the contractor upon completion of the contract r with the final payment, unless withheld as otherwise specified. B -8 -7 Withholding - Payment- Payment of estimates may be withheld if the work is not being executed in accordance with the specifications and contract and /or to cover known claims as elsewhere specified. Ppon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the sire of the work surplus and discarded materials, temporary structures, and debris of every kind. He shall Nov /94) r� i PAGE 27 OF 28 -- - -- leave the site of the .:work in neat, orderly condition, equal to originally existed: Surplus and waste materials removed from the --work shall be disposed of at locations satisfactory to the Engineer. cleanup, shall in general be considered as subsidiary to the establisht as a whole. hat which to of. the ;uch €inal i. pay items B--8 -9 Final. Accentances Whenever the improvement provided for by contract shall have been ompletely performed on the part of the Contractor, the Contractor shall notify the Engineer that the improvement is ready for final inspection. The Engineer will then make such final inspection; and if the work is satisfactory and in accordance with the specifications and contract, he will certify such completion �for Final Acceptance. B --8 -10 Final -- Payment: _ Whenever the improvement provided for by contract shall have been icompletely performed on the part of the Contractor as evidenced by the Engineer in the Certificate of Final inspection and Acceptance, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject to necessary corrections or revisions in the final payment. The amount of this final estimate, Less any sums that have been deducted or retained under the provisions of the contract, will be paid the Contractor within thirty (30) days after'Final Acceptance provided the Contractor has furnished to the City satisfactory evidence in the form of an affidavit s) that all sums of money due for any labor, materials, apparatus, fixtures, or machinery furbished for and used in the prosecution of the work have been paid; or that the person or persons to whom the sum may respectively be due have consented to such final payment. The improvement will not be recommended for Final Acceptance until this payment affidavit has been submitted. The acceptance by the Contractor of the last payment as aforesaid shall opearate as and shall be a release to' the city from all claims or liabilities under the contract for anything done or furnished or relating to the work under the contract or for any act of neglect of said city relating to or connected with the contract. a -s -11 Maintenance Guarant : The Contractor shall maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, or for such lesser or greater period as may be specially provided, _ shall do all necessary back €illing that may arise on account of sunken conditions in ditches, or otherwise, and shall do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by the said Contractor, in laying or building the same, or on account of any defect arising in any of said parts of said work laid or constructed by said Contractor, or on account of improper excavation or backfil,ling; it being understood that the purpose of this section is to cover all defective conditions. arising by reason of negligence of the Contractor, or by reason of defective materials, work or labor performed by the said Contractor, and in case the said Contractor shall fail to do so, it is agreed that the City may do said work and supply such materials, and charge the same against the said Contractor and sureties on this w obligation. This provision shall further, and in addition, be evidence by the provisions of the Performance Bond or such other bond as may be required. (rev. Nov /94) PAGE 28 OF 28 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 6TH day of December, 2011, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Barcom Commercial, Inc. termed in the Contract Documents as "Contractor," upon these.terms, performable in Nueces County, Texas: In consideration of the payment of $169,322.43 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: OLD POLICE DEPARTMENT BUILDING PROPERTY STORAGE MODIFICATIONS AND DEMOLITION JOB ORDER CONTRACT - PROJECT NO. Ell 083 (TOTAL AMOUNT: $169,322.43) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents _ include this Agreement, the . bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, iplans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which. constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Sun -2010 i i Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev_ Jun -2030 I� i i - ATTEST: CITY OF CORPUS CHRISTI V By._ City Secretary 4 - -�. Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation APPRO ED AST LEGAL FORM: _ By. By. Asst. City Attorney Pete Anaya, P..E. . Director of Engineering Services CONTRACTOR _ ATTEST: _(If Corporation) Barcom_Commercial Inc. Zn� . J�� By: (:eal Below) r (Note w. If Person signing,for corporation is not President, 5826 Bear Lane attach copy-of authorization (Address) to sign) Corpus Christi, TX 78405 - — (City) (State)(ZIP) 361l851 -1000 3611851 -1717 (Phone) (Fax) SECRETARY -rte Page 3 of 3 Rev. Jura --2010 BARC 1 V 1 COMMERCIAL, inc. Propos-aJ GENERAI. CM1TRACTOR October 7, 2011 . Proposal* 15.849 E -Mail: TO: City, of Corpus Christi = Engineering Department PROJECT: Old Police department Attn: Gracie Mesa 1201 Leopard St Corpus Christi, TX 78401 price to include.- Material, labor and equipment necessary to complete the work...shown on the plans, .including necessary plan review and permit fees, Price to exclude New 20 min doora;.:new hatdwrafo on 20 min doors, new door fines: testing on sub grade and concrete, fire•caulk- on.-any-walI not :rec0 new sheetmek.- Plumbing, HVAC, security other that what has been arranged, between: ft owner and the security contractor, any work on the 2 "d floor or in the basement, night work or weekend work- 2i !ofe Please. allow 60 days to complete the alcove scope of work TOTAL AMOUNT' OF PROPOSAL.' $169,322.43 One hundred. sixty nine thousand three hundred:tw.enty two. and 431100 Respectfully submitted, BARCOM COMMERCIAL,.INC. 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C%l 16 0 CL P A Y M E N T 130 N D STATE OF TEXAS § BOND No. 105710933 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barco_m_C_ommercial, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas as principal ("Principal"), and Travelers Casual and Surety Company of America , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of ONE HUNDRED SIXTY -NINE THOUSAND THREE HUNDRED TWENTY -TWO AND 431100 U.S_ Dollars ($169,322.43 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 6TH day of December, 2011 which Agreement is hereby referred to and .made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: OLD POLICE DEPARTMENT BUILDING PROPERTY STORAGE MODIFICATIONS AND DEMOLITION JOB ORDER CONTRACT - PROJECT NO. E11083 (TOTAL AMOUNT: $169,322.43) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. 'Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.' (Rev. Date May 2011) Payment Bond Page I of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall fie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 6th day of January , 2012. PRINCIPAL Barcom Commercial, Inc. Fr — Title. ATTEST: Secretary Address: 5826 Bear Lane Corpus Christi, TX 78405 Houston, TX 77041 Telephone: 281 -606 -8400 Fax: 281- 606 -8436 E -Mail: alm @southernamericanins.com Rev. Date May 2011 Payment Bond Page 2 of 3 i Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address. 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (zip) Telephone: 361 -883 -3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING,SERVlCES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: Various Projects 2010 Surety Company: Travelers Casualty & Surety Company of America Ladies /Gentlemen: I, Richard W. Sauer Account Executive Officer, hereby certify that the facsimile power of attorney submitted by C. A McClure of Soufhem American Insurance A enc Inc. for Barcom Commercial Inc., a copy of which is attached to this certificate, is a true and correct copy of the original power of attorney on file in the records of the surety company in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of this power of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: 011111 City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 -9277 Signed this 12th day of March, 20 Title: Account Executive Officer Sworn and subscribed to before me on this .6 day of i cl� a �� s�da.�. & �J Pub&c _ Aft 28, Z-0 (Revised 2/10) Notary Public State of 7C_1-14 <,- My Commission Expires: r, Z.:5' WARNING: THIS POWER OF ATTORNEY IS e POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc- Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 Certificate No. 0 0 4 7 0 [ 1 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Houston , State of 'Texas , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizaaces, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS VVMREOF, the Companies have caused this instrument to be signed. and their- corporate seals to be hereto affixed, this day of August 2010 Farmington Casualty Company' Fidelity and Guaranty Insurance Company Fidelity and Guaranty insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 23rd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company TY q �cn�nsu4��, �}Qy�Y �4inF 6� o`i• i "sGa oP..� "s °'°'�, g�" " °m e'"°y�"p �SrY,yy� "'� POPg7 ?f,'' u 3� 6" n �g7% �COfOPOflA1EU x t ... .,r„ Iw =eo? e_ _ � � i71B n: s FiAHTFORD, � 4ARYA6FIU, � SBAL.aa F y6 oosa asv ��' f n t896 x . F � sM1 NG ISp: Amass a . + RtN� State of Connecticut City of Hartford ss. By: Georg Thompson, to . President On this the 23rd day of August 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. yT In Witness Whereof, I Hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016.j0(IBL�G * Marie C. Tetreault, Notary Public 58440 -6 -11 Printed in U.S.A. i WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Travelers' P IMPORTANT NOTICE TO OBTAIN INFORMATION ORMAVX A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH TMS NOTICE TO YOUR BOND. This notice is for infa=ation nnly and does not become a part or a condition of the atwhed document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 200 1. PERFORMANCE BOND STATE OF TEXAS § BOND No. 105710933 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Barcom Co_ rnmercial, Inc. of the City of Corpus Christi , County of Nueces-, and State of Texas ' as principal ( "Principal'), and Travelers Casual and Surety Company of America, a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of ONE HUNDRED SIXTY -NINE THOUSAND, THREE HUNDRED TWENTY -TWO AND 43/100 U.S. Dollars ($1.69,322.43 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: . Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 6TH of December , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: OLD POLICE DEPARTMENT BUILDING PROPERTY STORAGE MODIFICATIONS AND DEMOLITION JOB ORDER CONTRACT - PROJECT NO. E11083 (TOTAL AMOUNT: $169,322.43) Now therefore, the condition of this obligation is such, that if said Principal shall w faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements'in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 6th day of ]anau[y - _ , 20 12 _ PRINCIPAL Barcom Commercial, Inc. i4 .4 Title: P, A,-) ATTEST: — Secretary Address: 5826 Bear Lane Corpus Christi, TX 78405 SURETY 'Travelers Casualtv and Suretv Cornbally of America Telephone: 281- 606 -8400 Fax: 281- 606 -8436 E -Mail: aim @southernamericanins.com (Rev. pate May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: Kevin Keetch Agency: Keetch & Associates Address: 1718 Santa Fe St. (Physical Street Address) Corpus Christi, TX 78404 (City) (State) (Zip) Telephone: 361- 883 -3803 E -Mail: Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note. Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 WARNING: THIS POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215018 Certificate No. 004470719 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer, and Michelle Ulery of the City of Houston State of Texas , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or. proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2010 23rd Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty ,Insurance Company. Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company rN ; : is . n = s HAHTFORC, R tt4Rt}CRtI, 44'��5y 1951 2;S$ALio3 � . d. o- • r e f v CCNN. ; i ,: Ys a-�.......% 1S . A� tb, ..�...15 61 � rP� • � "// A1t�� State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President On this the 23rd day of pUgUSi 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. A.�. W A/" y M Commission ex ires the 30th da of June, 2016. Marie C. Tetreaul No Public Y P Y )"N y �Y 58440 -6 -11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Traveler' i s IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3000 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BONA. This notice is for infarrnation only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section. 53.202, Property Code, effective '__, September 1, 2001. SIfiPLiER.NCiMBER TO BE ASSiGI►7ED.Bvtrry "'" w YM- CHASING A WN city ,of CITY Of CORPUS MUSTI C DISCLOSURE Chi IN E ST C of Corpos Christi Ordinance 1'i:l l2, as amended, requires. persons or firms.seekin do business the C' to pro .vide the fohlvwmg informetion. Every uestioa intist be aEnswpa�. I f the qu ern i not_ np t le , answer with "N1� . ,See reverse side �or Filing Requiretnwi s; CertiieAji a nd demons. CoMPoyNAW. Barcom Commercial, Inc. P. o. .ax: STR"T.AUD"SS: 5826 Bear Lane CITY; Cor _ pus Christi -41F;. 78405 FIRMAS: I. Corporation �( 2. Potam rip 7 3. Sole e"er ] 4. Assdciation ❑ 5. Other �] ftsc LOSURM QPX$3%oTqs #fad t,onah space A necessary, please use the revenue side eA.61" a gar attach: separate sheet, . � e names a#` h ` emplop tll of the C' of Carpus 19 having an " s wn "ip finterest" eons itufiug 3% or more of the oW nership in the ve Name n/a Job Title and City .Department (if knower) 2. State ;the names of each "officW" of the City. of Corpus Christi :having an "ownership ir�te�st" conistifiOCZ J% or mom of the ownership in the id*ve- mated `lug " Nam n/a Title 3. $ tate -the. names flf each "board member" of the City of Corpus Christi haviiig an «owoersWp interest" constituting 1% or more of the vwaerstiip in the dove nam � " Erm" Nam Board, Commission or Committee n/a 4. Staff 'the names of -each enapIgrm or officer of :a `4consaitant" for the City of.Corpus Christi Wier waticed on :any caili ter re to the sub'ect of this contract and bas .an "ownership m #chest" constituting 3lo or snare of �e ownership in a alxive named "1inm" Name n/a Comultatnt lFUJ TG REQUUU9NW+ITS If a person who.requests official action on a matter knows that the r uested-action will confer ati econoriiic benefit on any City official or eiriployet that is disfingiii6ha le from theleffect #hat.the action will ha one ni"ers of the public in genefal or a substantial segment thereof, you shall disolm mat fact in a.si!�' [3 writing to the Gity official, employee or body that liar been es#et3 to act m the nri$tter, unless interest of the City o#l�acial nor eixtployee in the rita#er is apparen Tl�e ddscloaure sha11 alsri be made a signed writing filed with flee City Secretary. [Ethicsrdinarice Section -49 (d)] CER ATION I certify that all information provided is hue and coriect as.of the date afthis stabemerr� fat I have not l`mo y whhltsld disclosure of any information requested; and that supplemental statemeirts dill be r pwrnp subiiritted to the City of Corpus Christi, Text§ as .changes occur. Certifying Person: Elaine R. Hoffman Tate: PresidQ it Signatam of Certifying Date: penow. . 12/07109 DEF)[I MOMS a "Board member.°' A member of any board, commission, or committee appointed by the City Council ofthe City of Corpus Christi, Texas. b. "Economic benefit ". An action That is Nicely to affect an economic interest if it is likely to have an elect on that interest that is. distinguishable from its eiftt on members of the public in general or a substantial segment thereof. c. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full. or part- time, basis, but not as an independent contractor. d. "Firm." Any entity operated far econonfle gain, whether professional, industrial or commercial, and whether established to produce oor deal with a product or service, including but:not .limited to, entities operated in the form of sole prop ..Owtship, as self - mp oytd person, parhzrs up, aarporat on, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as riot, -profit Organizations. e. "Official." The Mayor, members of the City Council, City Manager, DePuty City Managa, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi;, Texas. f "Ownership Interest." Legal or equitable inter whether actually or constructively held, in a. firrq, . including when such iiii mst is held through an agent, trust, estate, or holding entity. "Constructively held" refers to Holdings or control established through voting trusts, proxies, or special terms -of vent um or parbwrship agreements." g. "Consultant." Any person or f rin, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. BARCOC 1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM lOOIOP o, TE YYYY) RE THE 15 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT 01/06/12 THIS CE E HOLDER, RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED IBY THE POLICIES BE: LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOIRIZED RE PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMgyORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the— terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODL-JCER 361- 883.1711 GO "racy Swarm tner & Gordon Ins Agcy -CC NAME: A Higginbotham Company 361 - 844 -0101 P No Exi • 361 - 883 =1711 FAX PO B Cx $70 E -MAIL A1C No :.361- 844 -0101 Corps Christi, TX 78403 -0870 ADDRESS: Stet,_ Addkison INSURER(SI AFFORDING COVERAGE INSURER A : Valley Forge Insurance Ca NAlC � MSURtE°D Commercial, Inc. +� INSURER National Fire Ins Co- Hartford 2050$ 5826 B 5826 Bear Line B : 2047$ Corpus Christi, TX 78405 Commerce and Industry Ins Cc INSURER c : 19410 - INSURER D ; Republic Underwriters Ins Cc 2455$ INSURER E: - INSURER F, COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED REVISION NUMBER: INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY TO CONTRACT THE INSURED OR OTHER NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE DOCUMENT WITH RESPECT TO WHICH THIS EXC LUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN POLICIES REDUCED BY DESCRIBED PAID HEREIN IS SUBJECT TO ALL THE TERMS, TN _SR CLAIMS. LTR TYPE OF INSUR NCE POLICY NUMBER POLICY EFF MMIDONYYY POLICY EXP MMIDDIYYYY LIMITS GIENERALLIABILITY ' A C_ COMMERCIAL GENERAL LIABILITY C4034064756 09/12111 09112112 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 6,000 PERSONAL& ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 - ---- -- GENT AGGREGATE LIMIT APPLIES PER: POLICY PRODUCTS - COMPlOP AGG $ 2,000,000 JECT LOC AUTOMOBILE LIABILITY Emp Ben. $ COMBINED SINGLE MIT 1,000 ,000 B 04034064790 09/12/11 09112112 accident BODILY INJURY (Per person) $ 1,000,004 SCHEDULED - AUTOS NON.OWNED BODILY INJURY (Per accident) $ OS )( AUTOS p8�acCtRdeniDAMAGE W.N LIAB X OCCUR y C B CLAIMS -MADE BE016410605 09/12111 09112112 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 RETENTION$ 10,000 WORKERS COMPENSATION $ A N ANDEMPLOYERS'LUIBILITY U- WCSTAT OTH- ER OFFICEOPRIET �EARTNEF'J?ECUTIVEYIN NIA C434084773 09112111 09112%12 E. L. EACH ACCIDENT $ 11000,000 I {Myesddes npeN der - E.L. DISEASE - fAEMPLOYE $ 1,0011,000 DESCRIPTION OF OPERATIONS peiow Q Builders Risk CIMS513652 09112111 09112/12 E.L. DISEASE - POLICY LIMIT $ Location 1,000,00 6,000,000 Occurrent ,10,000,0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, !f more space Is required) Pro ect: El 108.3 Old Police Department Building Property Storage Modifications 8r Demolition See attached: addendum for additional policy provisions. CERTIFICATE HOLDER CANCELLATION CICC -CO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Coypus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services Contract Administrator AUTHORIZED REPRESENTATIVE P.O. Box 9277 ,Corpus Christi TX 78469 -9277 ©1988 -2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD NOTEPAD INSUREDS NAME Barcom Commercial, Inc. is a includes a blanket automatic additional rovides additional insured. status to the there is a written contract between the er that requires such srtratus. (Blanket ions Coverage Form G- 140331 -C 10110). includes a primary & non - contributory a written contract between the insured and es such provision.(Blanket ions Comer ge -Form G-1 40331-C 10110). ■ +C Mu Liaonrry poucy incivaes a blanket automatic waiver of abrogation endorsement that provides this feature only when there is a iritten contract between the insured and certificate holder that requires (Texas Changes in Transfer of Rights of Recovery Against Others to Us w2ver of Subrogation - Form CA 2lT $9 06104). he Auto liability poll includes a blanket automatic additional asured endorsement Policy provides additional insured status to the ertificate holder onl whhion there is a written contract between the rsured and certificate holder that rectw� ires such status. (Texas dditional Insured - Form CA 04 03 0 04). he Workers' Compensation policy includes a blanket automatic waiver of Li endorsement that provides this feature only when then; is a ri n contract between the insured and certificate holytler that requires (Texas Waiver of Our Right to Recover from Others Endorsement - Form ►4 42 03 04 A 01100). I & Elaine Hoffman, are excluded under the policy. is info: r CZB2$8296539,11M4111 -12 ii1� 000,000 Aggregate ith Travelers Casualty & Surety Company of America, 111 -12, $1,000,000 Per Occurrence Limit BARCOCI OP ID: TERE PAGE 2 DATE 01/06/12 NOTEPAD, HOLOERCQDE CICC -CO BARCOC4 INSURED 'S NAME Barcom Commercial, Inc. OP ID: TERE ?he Workers' Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder xcept 1 days notice of nonpa ment of remio . (Texas Notice of Material Z hange griclOrsement - Form 42 06 01071 —The General Liability policy includes an endorsement providing that 30 �1ays notice of cancellation will be furnished to the certificate holder VV10 days notice of nonpayment of remium. (Texas Changes- Amendment Cancellation Provisions or Coverage Change - Form CG 02 05 12104). the Auto Liability polic includes an endorsement rovidin that 30 days notice of cancellation W 11 be furnished to the certifpcate holder except X114 days notice of nonpayment of remium. t�exas Cancellation Provision or Coverage Change Endorsement -Farm CA 02 44 06104). PAGE 3 DATE 01/06/12 ai ilftti s i Barcom Commercial, inc.. CA MAN Polley it 4034064756 G- 140331 -C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1 SCHEDULE (OPTIONAL) Nance of Additional Insured Persona Or Organisations (As required by "written contract" per Paragraph A_ below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Party A. Section it • Who Is An insured is amended to include 2. We will not provide the additional insured any as an additional insured: broader coverage or any higher I'Imit of insurance 1. Any person or organization whom you are than the least that is: required by "written contract" to add as an a. Required by the "written contract"; additional insured on this Coverage Part; and b. Described in 8.1. above; or 2. The particular person or organization, if any, scheduled above. c. Afforded to you under this policy. B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows: available to the additional insured whether on a 1. The g person or organization is an additional primary, excess, contingent or any other basis. But if required by the "written contract," this insured only with respect to liability for 'bodily "property "personal insurance will be primary and noncontributory injury," damage," or and relative to insurance on which the additional advertising injury" caused in whole or in part by: insured is a Named- Insured. a. Your acts or omissions; or 4. The insurance provided to the additional insured b. The acts or omissions of those acting on your does not apply . to "bodily injury," ro behalf daage, or personal and advertising injury arising out of in the performance of your ongoing operations specified in the "written contract "; or a. The rendering of, or the failure to render, any "Your professional architectural, engineering, or c. worst" that is specified in the *written surveying services, including: contract" but only for "bodily - injury" or "property damage" included in the "products- r () The preparing. n9. approving, or failing to completed operations hazard," and only if: prepare or approve maps, shop drawings, (1) The "wrltten contract" requires you to opinions, reports, surveys, field orders, change order; or drawings and provide the additional insured such specifications; and coverage; and . (2) Supervisory, inspection, architeclural or (2) This Coverage Part provides such engineering activities; or coverage. G- 140331 -C Indudas copyrighted material of Insurance Services Office, Inc„ with its perrNssion Page 1 of 2 (Ed. 10110) b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCKL GENERAL LIABILITY CONDITIONS is amended as follows: t. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an -occurrence or an offense which may result in a claim or "suil" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph 8.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit "; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a toss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. G- 140331 -C (Ed. 10110) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is del. eted and replaced with the following: 4. Other Insurance a. Primary Insurance This Insurance is primary and non- contributory except when rendered excess by endorsement G-140331 -C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINIMONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Pan. G 140331 -C Includes copyrighted materiet or insurance Services Office. Inc., with its permission Page 2 of 2 (Ed. 10110) i Barcom Commercial, Inc. CNA Poile" 4034064756 ' G- 18662 -1 (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. MiseWlaneous Additional Insureds 13. Liberalization Clause 7 additional insured extensions. 2. Employees As Insureds - Health Care Servlces 3. Joint VentureslPartnershiplLimfted Liability Companies Coverage for your interest in such terminated or ended organizations. 4. Expanded Personal And Advertising Injury 5. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 6. Legal LiaWl1ty And Borrowed Equipment Extended perils. Limit increased to $200,000 for Damage to Premises Rented To You 7. Non -owned Watercraft Increased to 55 feet. 8. Non- owned Aircraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bail bonds increased to $2,500. Daily loss of earnings increased to $1,000. 11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. 14. Unintentional Failure To Disclose Hazards 15. Notice of Occurrence 16. Broad Knowledge of Occurrence 1'T. Aggregate Limits Per Project 18. Bodily Injury Extension of Coverage 19. Expected Or Intended Injury Reasonable force - bodily injury or property damage. 28. Wrap -Up Extension 21. Contractual Liability - Railroads Expanded definition of "insured contract." Z2. Blanket Waiver of Subrogadon Waiver of subrogation where required by written contract or written agreement. 23. in Rem Actions G- 18652 -1 Includes copyrighted material or Insurance cervices office, Inc„ with its permission. Page 1 of 8 (Ed. 07109) POLICY NUMBER: 4034054790 V COMMERCtAL AUTO CA 04 03 pg 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY„ TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM VAth the rrd 0coverape provided by this endorsement, the provisions of the Coverage Farm apply unless mi fled by TMe endorsement changes the policy effective on the inception. date of the poky unless another date Is Indicated below. Endorsement Effedive: 09A 2M t Countersigned By: Named insured: Bamom Commercial, Inc. Authorized R9 Ov SCHEDULE of Addllleml Insured: Any person or organisation tar whom or which you are required by written contract or agreement. (n no entry appears above, information required to complete this endorsement will be shown in the Declaragons as applicable to this endorsement.) A. Who Is An Insured (SwIlon 11) Is amended to Include C. as an 'insured' the person(b) or orgerhation(s) shown In the Schedule, but only with respect to their Isgal liability for ads or omissions of a person for D. whom Liability Coverage Is afforded under this policy. B. The addtional Insured named In the Sche" or Declarations Is not required to pay for any premiums slated In the policy or earned from the poky. Any return premium and any dividend, N applicable, declared by us shall be paid to you. You are authorized to act for the additional insured named in the Schedule or Declarations In all matters pertaining to this Insurance. We will mail lira additional Insured named Jr, the Schedule or Declaratbrhs notice of any cancellation of this policy. If we cancel, we will give 10 days nohow to the additional Insured, The additional Insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 00 04 Copyright, 180 Properties, Inc., 2003 Page i of 1 POLICY NUMBER: 4o34084790 V COMMERCIAL AUTO CA 20 a9 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: r BUSINESS AUTO COVERAGE FORM N BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Endorsement Effective: 09/12/11 Countersigned By: Named Insured: Barcom Commercial, Inc. Authorized Re reseniative SCHEDULE Name Of Person(s) Or Organization(s):ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To additional premium shown above, regardless of any Us Condition does not apply to the person(s) or early termination of this endorsement or the policy, organization(s) shown in the Schedule. We will retain the CA 20 89 06 04 Copyright. ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER; 4034064766 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEXAS CHANGES - AMENDMENT OF. CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. ANY PERSON OR ORGANIZATION OF THIS 2. I Address: POLICY UNDER A WRITTEN CONTRACT OR AGREEMENT. t CG 02 05 12 04 Copyright, ISO Properties, Inc,, 2003 Page 1 of 1 J POLICY NUMBER: 4034064790 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. y TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under 1he following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FoRM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mocNied by the erworaement. This endorsement changes the policy effective on the Inceptlon date of the policy unless another date Is Indiftted below. SCHEDULE Nurebsr of Days' NOW63 0 Navas Of Pemn Or Orgonb Mlart Chy of Corpus Christi Engineering Services CoMmat Administndor Address P.O. Box 9277 C22us Christi, TX 78469 -9277 It be policy Is canceled or matedelly avenged to reduce or restrict coverage, we wlil mail notice of cancellation or change to the person or organization named In the Schedule. We will give the number of days' notice Indicated in the Schedule. CA 02 44 06 04 Copytlght, ISO Properties, Inc., 2003 pop 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY poUCY ENDORSEMENT WC 42;06 01 (00) _ 00= i POLICY NUMBER: 4034064773 "TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas Is shown in item 3.A. of the Information Page. In the evert of cancelation or other material change of the polloy, we wN mall a6mrice notice to the person or organization named in the Schedule. The number of days advance notice Is shown in the Schedule. This endorsement shell not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE t. NUMBER OF DAYS ADVANCE NOTICE: 30 2. NOTICE WILL BE MAILED TO: CITY OF CORPUS CHRISTI ENGINEERING SERVICES CONTRACT ADMINISTRATOR P. 0. BOX 9277 CORPUS CHRISTI, TX 78469 -8277 F� ow WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (E-:d. 1-00) TEXAS WAIVER OF OUR RIGHT TO RMOYER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the poiloy because Texas Is shown in item 3,A, of the Information Page. We have the right to recover our payments from anyone Ilabfs for an Injury covered by this policy. We will not enforce our right against the person or organlzetlon named in the Schedule, but this waiver applies only with respect to both Injury arising out of the operations described In the Schedule where you are required by a written contract to obtain tFft war from us, This endorsement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. The premium for this endorsement Is shown In the Schedule. Schedule 1. )Specific Waiver Name of person or organization (x )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll In connection with work performed for the above person(s) or organizations) arising out of the operetions described. 4. Advance Premium This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless otherwise stated. o kdormallon below Is I policy.) � {� �lul� �lil when this endo»emsM N Issued subs�ent to oration of the Endoreernent EffimWe 09112111 Policy No. 4034064773 En lomomertt No. Insured Barcorn Commercial, Ine. Premium S inauranrre Company CouMeralgnsd by WC 42 03 04 A (Ed. 1-00)